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Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
....ings against him and obtained the Rule. 4. In the application, it was contended, inter alia, that after the enactment of the Durnity Daman Commission Ain, 2004 (the Ain, 2004,) the initiation of any proceeding in respect of any offence described in the schedule thereto prior sanction of the Dur......¬ą§”ą„¤ 21. The learned Judges as it appears from the impugned judgment without considering the provisions of section 20 simply observed that "As the Ain came into force at the later stage of investigation of the case, the provision of section 20 of the Ain relating to investigation...... against him and obtained the Rule. 4. In the application, it was contended, inter alia, that after the enactment of the Durnity Daman Commission Ain, 2004 (the Ain, 2004,) the initiation of any proceeding in respect of any offence described in the schedule thereto prior sanction of the Durnity..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
.... so that the law can adequately serve the purposes and effectively deals with the offences. It should be borne in mind that the substantive justice should not be frustrated or other wise defeated for any technicality in the law.....................(37) The Code of Criminal Procedure, 1898; Sect..........................(37) The Code of Criminal Procedure, 1898; Section 561A Inherent power The inherent power under section 561A of the Code of Criminal Procedure can be invoked at any stage of the proceeding even after conclusion of the trial, if it is necessary to prevent the abuse .............(37) The Code of Criminal Procedure, 1898; Section 561A Inherent power The inherent power under section 561A of the Code of Criminal Procedure can be invoked at any stage of the proceeding even after conclusion of the trial, if it is necessary to prevent the abuse of the proces..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....section 26 (1) of the Anti-Corruption Commission Act, 2004. An order of detention was also passed on 5-7-2007 against him. It is alleged that the accused-petitioner had no opportunity to consult with any lawyer or outsider and see his documents in preparing statement of wealth from the jail custody.......ituting distinct offences under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004 and, as such, the question of quashing of the criminal proceeding does not arise at this stage. It is asserted that the notices served on every person in all cases in jail custody cannot be...... Khondker Musa Khaled J.- On an application under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite-parties to show cause as to why the impugned proceeding of Special Case No.12 of 2008 arising out of Gulshan Police Station Case No.47(9) of 2007..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
.... 2004 and Ragib Ali also moved Writ Petition No.5590 of 2004 against that order. The High Court Division heard both the writ petitions analogously and made the rules absolute without, however, making any direction and/or making any declaration in terms of the rules. The decree-holder Agrani Bank and......4, 00, 46,250. The executing Court rejected the Ragib Ali's application and accepted the offer of Kutub Uddin. Kutub Uddin thereupon obtained a deed and prayed for delivery of possession. At this stage the judgment debtor moved Writ Petition No.5539 of 2004 and Ragib Ali also moved Writ Petition......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
....-O-Shishu Nirjatan Ain, 2000 and the same was read over to the accused persons who pleaded not guilty and claimed to be tried in accordance with law. 3. During trial the prosecution examined as many as 7 witnesses out of 8 cited witnesses in the petition of complaint while the defence examined ...... follows; "Section 342 Power to examine the accused- 1) For the purpose of enabling the accused to explain any circumstances appearing in the evidence against him the Court may, at any stage of any inquiry or trial without previously warning the accused, put such questions to him...... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
.... driving licence and some bank documents from him in presence of locals namely 1 Nur Mohammad (P.W.4), 2. Mosharraf Hossain, 3. Ahmmed Ali (P.W.6) and 4. C-Md. A Razzak (P.W.2), who could not provide any satisfactory explanation for keeping such arms and other documents. Then he seized those incrimi......quot;If the testimony of a single witness is found to be entirely reliable, there is no legal impediment to convict, but it needs only to be seen whether the veracity of the witness is tainted at any stage of the trial. There is no rule or law to the effect that all the charge-sheeted witnesses are ......s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)
....suffer rigorous imprisonment for 10 (ten) years. 2. P.W.1 SI Md. Mustafa Kamal lodged a FIR with local Comilla Police Station on 10-5-1998 alleging that while on Patrol duty along with his accompanying froces P.W.2 Nayek Md. Kalimuddin, constable No.682 Abdul Hamid, constable No.105 P.W.3 Md. S...... out of any enmity in connection with the said pharmacy, he was falsely implicated in the case. 9. P.W.4 Md. Shahnewaj stated in his deposition that he knew nothing about the occurrence. At this stage, he was declared hostile by the prosecution. In cross-examination by the learned public p......f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ..Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8
Kamal Vs. State, 2012, 41 CLC (HCD)
....rge was framed against the sole accused-person which was read over to him for which he pleaded not guilty and claimed to be tried in accordance with law. 4. During trial prosecution examined as many as 8 witnesses out of 15 cited witnesses in the charge-sheet, but the defence examined none. The...... awaken up by some persons and they identified them as police personnel of the police station, they asked him to put his signature on a blank paper, accordingly, he put his signature thereon. At this stage he was declared hostile and in cross-examination by the prosecution, he denied the suggestions......wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....D) (2013) 98. ......ject of any purchasing entity. Any company which can not meet the pre-qualification requirements can not be declared as pre-qualified by a Review Panel and thereby allow an unsuccessful pre-qualified stage bidder to submit a bid and, therefore, the order passed by Review Panel is bad in law and liab......se, BTCL has selected only two companies as pre-qualified to participate in the bid. It further appears that BTCL, as per the provisions of Section 93(11), instead of re-advertising was interested in proceeding further with two bidders only. In fact participation of more bidders in the bidding proce..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)
.... should not be used to obstruct or divert the ordinary course of justice. The power under this section is a special extraordinary one, the main aim and object of which is to save the people from any agony of the abuse of the process of the Court and also is designed to do substantial justi......olice remand in connection with this case. The learned Magistrate allowed the prayer for remand and subsequently another prayer for police remand was made before the learned Magistrate. It is at this stage, the accused petitioner moved the High Court Division a petition under section 561A. The High ......rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ..Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ution has examined 45 witnesses, and tendered 5 witnesses, of them, Fazlul Huq (P.W.2), Saiful Alam (P.W.13), Moloy Kranti Pal (P.W.14) are eye-witnesses of the occurrence but they could not identify any accused. 4. The Metropolitan Sessions Judge, Chittagong convicted co-accused Osman alias Md......t accused No.13 who had allegedly conspired to commit the offence charged observing "there is really no evidence on which it is possible reasonably to bring his case with section 10. At the stage he may also point out that retracted confessions of some of other accused-persons are equ......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....mic paucity cannot seek legal redress for the violation of their rights, fundamental or legal in the court of law. The High Court Division should guard to see that it's processes are not abused by any person or lawyer and exercises it's jurisdiction sparingly. The litigation must be initiated fo......ndi of the writ petitioner to challenge the impugned order. This point was raised in the High Court Division. The High Court Division without disposing of the said preliminary point at the initial stage decided the matter on merit and then entitled to procure a mobile phone connection but becaus......victims. The appeals are, therefore, allowed without any order as to costs with the above observaĀtions. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....Court may think just to the same extent as if it had been asked for........ (23) Filing of additional written statement The question of filing additional written statement comes in whenever any new fact is incorporated and a new case is made out and in that case it is essential for the end......-2012. Today the matter has appeared in the list for delivery of judgment Mr. Md. Nurul Amin took part in the hearing afresh and he submitted that the prayer for amendment of plaint is at too belated stage, and, as such, the same is barred by limitation. Secondly he submitted that the intention of a......his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
....ners. He further submits that the proceeding is liable to be quashed as the allegation upon which it is based on the face of it is groundless or preposterous and no man of ordinary prudence will take any notice of it. He further submits that Section 561A is an independent inherent power of the High ......e consider the allegations made in the C.R. Case, it is clear that those facts does not constitute an offence under Section 364 of the Penal Code. The petitioners came before this court at an initial stage. We like to quote a few lines from the judgment passed by our apex court in the case of Latifa...... Judgment Borhanuddin J. — On an application under Section 561A of the Code of Criminal Procedure this Rule has been issued calling upon the opposite parties to show cause as to why the proceeding of C.R Case No.218 of 2002, pending in the Court of Magistrate, 1st Class, Cognizance Cou..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
.... used to live by committing theft and smuggling. He further submits that on the date of occurrence the victim went to the room of the accused-appellant at mid night to commit theft. If the victim had any intention to meet with the sister of the accused-appellant the victim would have gone in the roo......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ......e case of Hafez Munshi alias Hafizur Rahman Vs. State reported in 13 BLD 461. 25. We have heard the learned Advocates of both the parties and perused the record. It appears that instant criminal proceeding was started on an FIR No.13 dated 22-9-1996 lodged by P.W.1 brother of the victim. P.W.1 ..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....hers. It is in utmost public interest and for the preservation of the democratic process and the Rule of Law that these provisions of the Constitution dealing with the separation of powers are not in any manner violated by anyone. The petitioner stated that he has filed this petition in the greater ......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......e Mr. Anisul Hoque, and the Ministry of Transport and Communication has restored to, because this commendable venture has thwarted something that could swing to an unpalatable predicament. During the proceedings, Mr. Manzill Murshid, the learned counsel for the Petitioner, brought to our notice cert..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
....ion of section 14 of the Limitation Act . 6. We are view with the delay for preferring revisional application 4,614 days should be condoned. In the result, the rule is made absolute without any order as to cost. The delay 4,614 days for filing revisional application before this Court ...... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ...... have jurisdiction to condone the unusual delay happened which find support from reported decision and further submits that since the litigant petitioner moved with ill advice of the learned Advocate proceeding taken after the appeal was dismissed on wrong forum the delay should be condoned. 4...Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
.....
Lawyers Involved:
Kamal-ul-Alam, Senior Advocate—For Petitioners
Moinuddin, Advocate—For Respondent-contemner
Contempt Petition No. 06 of 2012.
(Arising of Company Matter No.116 of 2006)
Judgment
Md. Rezaul Hasan J. — As directed in the Rule is......erring to Annexure 'X', that he has handed over all the documents on 4-7-2012 as per direction of the Court and that the respondent-contemner offered unconditional apology at the very initial stage of this proceeding. According, he prays, that the apology may graciously be accepted and ......exonerated from the charges.
5. Mr. Kamal-ul-Alam with Mr. Shahanaj Akther, the learned Advocates appearing for the petitioner, on the other hand, having placed the petition for drawing contempt proceeding along with the documents annexed therewith, submits that a clear case of contempt of Cour..
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
City Bank Ltd Vs. Labour Appellate TriĀ¬bunal and others, 2012, 41 CLC (HCD)
....ondents to show cause why the said judgment and order of affirmance passed by the Chairman, Labour Appellate Tribunal in Appeal No. 349 of 2011 should not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed a......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......he petitioner bank unlike the other one impleaded as respondent before the respondent No. 2. This aspect of the case also warrants an order in favour of the petitioner impleading it as a party to the proceeding. 9. On the other hand, Mr. Mahmubul Hoque, the learned Advocate appearing on behalf ..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....port should not be declared to have been passed illegally, without lawful authority and hence, are of no legal effect. 2. Vide the interim order the respondents were also directed not to issue any work order till 09.06.2010 and the Chittagong Port Authority were directed to continue its fun...... in the Chittagong Port is as follows: The business of loading and discharging cargo/container in Chittagong Port (which is now known as āberth operatorā is divided into two main phases/stages. The first phase/stage is known as āstevedoringā which is done on board of the vessel an......he tender process who had no previous experience of working at the CP(clause 10 of the minutes). It was also decided, inter alia, that unless the tender documents were comprehensively amended, all proceedings relating to the appointment of Berth Operators should be stayed for the time being (Ann..Category: Others | Date: 21 Jun, 2012 | Hits: 20
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