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Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... and 8. Writ Petition No.14465 of 2012. Judgment Naima Haider J.- This writ petition designed and styled as a public interest litigation has been filed by an Advocate and a human rights activist who is the Member of this Bar. 2. The petitioner has come up with a case and h......tion. Lawyers Involved: Md. Manzill Murshid, Advocate-For the Petitioner. Md. Mokleshur Rahman, Deputy Attorney General -For the Respondent No. 4. Khan Ziaur Rahman, Advocate-for the Respondent Nos. 5 and 8. Writ Petition No.14465 of 2012. Judgment Naima...... Naima Haider J Muhammad Khurshid Alam Sarkar J Advocate Asaduzzaman Siddiqui................ Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, P.S. Ramna, Dhaka and others.………...... Respondents. Judg......ed Deputy Attorney General and submits that they are public servants and fully respectful to the order of the Court. He submits that since they are to appear before the concerned court to face the trial of the criminal case lodged by the alleged victim, they should be exempted from personal appe..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
....ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......-Record- For the Petitioner. Ahsanul Karim, Advocate, instructed by Muhammad Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented- For Respondent No.2. Criminal Petition for Leave to Appeal No. 656 of 2012. (From the judgment and order dated 25th September, 2012 pa......ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......udge, Dhaka where it was renumbered as Metro Special Case No.150 of 2007. The Metropolitan Senior Special Judge, Dhaka transferred the case record to the Court of Special Judge, Court No.4, Dhaka for trial where it was renumbered as Special Case No.30 of 2007. 5. Charge was framed against the ..Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
.... the accused might be true, it is clear that such a view reacts on the whole prosecution case. In these circumstances, the accused is entitled to benefit of doubt, not as a matter of grace, but as of right, because the prosecution has not proved its case beyond reasonable doubt." So, there......d Md. Ziaul Karim J.— This reference under Section 374 of the Code of Criminal Procedure (briefly as the Code) has been made by learned Additional Sessions Judge, Lakshmipur (briefly as Judge), for confirmation of death sentence of condemned-prisoner. 2. By the above appeals the appellant......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ...... common judgment, these have been heard together and are being disposed of by this judgment. 4. The prosecution case as projected in the first information report (briefly as FIR) and unfurled at trial are that victim Abdul WahabKarigor (since deceased) elder son of Md. Karam Ali Karigor (P.W.1)..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
....before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ......ition is dismissed. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.923 of 2009. (From the judgment and order dated 14.01.2009 passed by th......before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ...... and consequently the suit was fixed for ex-parte hearing. On the date of ex-parte hearing the plaintiffs examined one witness and also produced some documents which were marked exhibits. But the trial court dismissed the suit by the judgment and order dated 23.07.2000 on the observation and fi..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ...... against the order No. 8 dated 30-1-2000 passed by the Assistant Judge, 4th Court, Dhaka in Title Suit No. 321 of 1999 rejecting an application under Order VII, rule 11 of the Code of Civil Procedure for rejection of plaint. 3. The relevant facts for disposal of the Rule, inter alia, are that t...... for violation of law. The office is directed to communicate the judgment and order to (1) The Secretary, Ministry of Local Government and Rural Development (2) The Secretary, Ministry of Home Affairs (3) The Secretary, Ministry of Law and Parliamentary Affairs. (4) The Administrators of the Dh......dinance, 1983 , as such, before expiry that statutory period of time no cause of action arose under the statute thus under Order VII, rule 11 of the Code of Civil Procedure the suit is barred but the trial court by the impugned order rejected the application without applying its judicious mind which..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ...... 10-01-2008 under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004 read with section 15(gha)(5) of the Emergency Power Rules, 2007 and section 109 of the Penal Code, now pending before the learned Special Judge, Court No.8, Dhaka should not be quashed and/or pass such other or fu......of Parliament several times from Comilla-2 constituency in the National Parliament Elections since 1991. The petitioner was the Cabinet Minister of Ministry of Energy and Mineral Resources and Home Affairs during 1991-1996. He was also the Cabinet Minister of Health and Family Welfare during th......ency Power Rules, 2007 on 17-09-2008. 5. The Chief Metropolitan Magistrate, Dhaka, by his order dated 18-9-2008, sent the case record to the Court of Senior Metropolitan Special Judge, Dhaka for trial. Thereafter, the learned Senior Metropolitan Special Judge. Dhaka, by an order dated 21-9-2008..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....d the reason to reverse the judgment of the trial court, therefore, the present Rule should be made absolute. The learned Assistant Attorney General further submits that the learned trial court below rightly held that the present plaintiff-opposite party has failed to prove that the original vendor ......nt and decree dated 31.08.2005 (decree signed on 5.10.2005) passed in Title Suit No.191 of 2005 by the learned Senior Assistant Judge, Dohar Court, Dhaka dismissing the suit. 3. The relevant facts for disposal of this Rule are that the present opposite party as plaintiff, Mrs. Mohsina Rahman alia......ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......land was correctly recorded in the name of the government and since the land is recorded in favour of the Bangladesh Government all title and interest have been vested upon the government. 7. The trial court on consideration of the material evidence on records adduced by the parties both by depo..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
....s fit and proper as equitable relief in addition to doing usual “fair and just” adjudication of any matter under ordinary law. It is also a settled principle of law the fraud vitiates any right, whether a legal right or vested right. ....................... (8) Lawyers Involve............................Petitioners Vs. Secretary, Ministry of Land and others..........Respondents Judgment October 8, 2012. Result: The Rule is disposed of. Binding force of a court A decree of a competent civil court is binding upon all the authorities of the......shrined in Article 10 of the constitution, a constitutional court is empowered to grant and pass any necessary order/s as it deems fit and proper as equitable relief in addition to doing usual “fair and just” adjudication of any matter under ordinary law. It is also a settled principle o...... petition it appears that it was an ex parte decree. It further appears that Annexure-A to the writ petition is a judgment and order, being No.79, and the same was passed on 22-11-1976 when the civil trial court of first instance nomenclatured as "Munsif Court", but it transpires from Anne..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
....n sixty days of the receipt of the letter by the Government, such sanction shall be deemed to have been duly accorded. This provision was repealed on 18-5-2004 by Act, XX11 of 2004. This was repealed rightly because with the coming into force of the Ain, 2004 on 9-5-2004, the Act, 1957 by which the ...... Respondent No. 2. Khurshid Alum Khan, Advocate instructed by Mahmuda Begum, Advocate-on-Record—For Respondent No.3. None represented—For Respondent No.1. Criminal Petition for Leave to Appeal No.390 of 2011. (From the judgment and order dated the 14th day of July, 20...... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ......e necessity of the sanction of the Commission for taking cognizance of an offence under the Ain, 2004 by a Special Judge. It is needless to mention that the Act, 1958 was enacted for more speedy trial and more effective punishments of certain offences and the petitioner and the other accused be..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....t in the subsequent time which clearly shows that the accused-petitioner had no intention to make the payment of the said amount. Considering this fact of the matter, it cannot be said that the legal right of the accused petitioner had been infringed." 36. Under the given scenario of the c......ture 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; ......e Directors and accused No. 4 is the owner and chairman of the company and that the alleged offence has been committed with the consent and connivance of all the accused and this being the state of affairs, the petitioners may be deemed to be guilty to the offences and they should be proceeded again......ocedure, 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 process of the court or otherwise to secure th..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
....The order of statue quo granted by this 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) 231.
...... সম্পত্তি যতটুকু জড়িত ততটুকু বাবদ মামলাটি আপনা আপনি abated বলিয়া গণ্য হইবে; “The force of sub Rule (1) "ka" of section 13 provides that any litigation pending before any C......The order of statue quo granted by this 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) 231.
......ted to India for good before 1965 and the property was vested with the Government as per law and that the RS Khatian No.390 was recorded with a note that Brojo Mohon was leaving in India.
7. The trial Court dismissed the suit by the judgment and decree dated 21-9-2000 against which Title Appeal..
Category: Property Law | Date: 7 Oct, 2012 | Hits: 5
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......pass such other order or orders as to this Court may seem fit and proper. 2. Pending hearing of the rule, all further proceedings of the above mentioned case were stayed. 3. Facts necessary for disposal of the rule are that the accused-petitioner is a Senior Advocate of the Bangladesh Supr......el. In consequence of detention order dated 5-7-2007 under the Special Powers Act, 1974, he was completely disconnected with others and none could see him without permission of the Ministry of Home Affairs. The accused-petitioner was arrested on 13-4-2007 and detained in jail custody till 1-12-......k cognizance of the offences on 18-5-2008 under sections 26(2) and 27(1) of the said Act and the case was ultimately transferred to the court of Special Judge, Sher-e-Bangla Nagar, Dhaka, for holding trial. 4. On 29-1-12, the accused-petitioner submitted this application for quashing the impugn..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
.... 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 ......at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ......the decision reported in AIR 1972 (SC) 535 it has been held as follows; "The real importance of this section lies in that it imposes a duty on the court to question the accused properly and fairly so as to bring home to him the exact case he will have to meet and thereby an opportunity is ......r section 11(Ga) and 30 of the Nari-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 co..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....nels categorically testified in respect of recovery of the arms from the exclusive control and possession of the appellant. So the learned Judge of the Court below considering the materials on record rightly convicted him, which call for no interference by this Court. In support of his contentions h......ncing him to suffer rigorous imprisonment fourteen years and seven years respectively with a direction to run both the sentences concurrently. 2. The prosecution case as projected in the first information report (briefly as FIR) and unfurled at trial are that on the basis of secret information ......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. ...... years and seven years respectively with a direction to run both the sentences concurrently. 2. The prosecution case as projected in the first information report (briefly as FIR) and unfurled at trial are that on the basis of secret information regarding unauthorised arms, on 3-4-2007 at 23-30 ..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
.... any relief under the inherent jurisdiction of this Court under section 561A of the Code of Criminal Procedure. 23. In that view of the matter, we find that the learned Additional sessions Judge rightly convicted the accused Nazrul Islam and did not commit any wrong in passing the impugned judg......(3) Special Court, Dinajpur in Special Court Case No.97 of 1996 should not be quashed or such other or further order or order passed as to this Court might seem fit and proper. 2. Facts relevant for purpose of disposal of the instant Rule, in short, are that on 15-3-1996 informant Asma Khatun (......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......zance of the offence under Section 9(Ga) of the said Ain on 10-9-1996. The accused-petitioner being absconding necessary formality under section 20(5) of the said Ain, 1995 were observed for his trial in absenita. The learned Special Judge framed charge against the accused-petitioner for the of..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)
....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. ...... of 1998 convicting the appellant Khasru Ahmed of the offence punishable under Section 19 (a) read with section 19A of the Arms Act, 1878 and sentencing him thereunder to suffer rigorous imprisonment for 10 (ten) years. 2. P.W.1 SI Md. Mustafa Kamal lodged a FIR with local Comilla Police Statio......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. ......o the learned Sessions Judge, Ex-officio senior Special Tribunal, Comilla who registered it as Special Tribunal Case No.186 of 1998 and took necessary cognizance. Thereafter, the appellant was put on trial before Special Tribunal No.3 Comilla on a charge framed against him under the aforesaid sectio..Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8
Kamal Vs. State, 2012, 41 CLC (HCD)
....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. ......e is also Reported in: 18 BLC (HCD) (2013) 145. ......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. ......arising out of Uttara Police Station Case No.40 dated 30-1-2003 convicting the petitioner under section 19A and 19(f) of the Arms Act, should not be quashed. 2. The prosecution ease, at the trial, in short, is that one SI Golam Rahman lodged an FIR with the Uttara Police Station alleging, ..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
Tapan and others Vs. State, 2012, 41 CLC (AD)
....s. In view of the consistent evidence of P.Ws.1 and 2 regarding the dying declaration which have also been mentioned in the FIR lodged immediate after the occurrence, the High Court Division has rightly believed that the victim made a dying declaration implicating the petitioners as his assaila......ere were sufficient evidence against the petitioners in support of the charge, it is not clear from the materials on record that all the petitioners have shot at the victim or that who is responsible for the cause of death. The evidence in this connection is superficial in nature. As there is n......ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ...... SK Sinha J. - These petitions arise out of the same judgments in respect of the same case and therefore, these petitions are disposed of analogously by this order. 2. Petitioners had faced trial before the Druta Bichar Tribunal No.4, Dhaka for the murder of Nur Mohammad Khan, father of th..Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4
....he plaintiff-petitioner ever became an Indian Citizen in substitution of his domicile of origin and as such under proper assessment of evidence and appreciation of law despite the learned trial court rightly decreed the suit the court of appeal without considering the aforesaid aspect erred in law r......o the issuance of the Rule, in brief, can be stated thus, the plaintiff-respondent-petitioner instituted a Title Suit being No.455 of 1978 in the Court of learned Senior Assistant Judge, Narail Sadar for declaration that the order dated 12.04.1978 passed by the defendant-appellant-opposite party no.......pellate Jurisdiction)
Present:
Soumendra Sarker J
Jnanendra Nath Barai ..................Plaintiff- Petitioner
Vs.
The Secretary, Ministry of Law, Justice and Parliamentary Affairs and
others.......................Defendant-Opposite Parties
Judgment
August 8, ......as heard and disposed of by the learned Subordinate Judge, 1st Court, Narail on 22.06.1999 A.D. The learned Subordinate Judge allowed the appeal on contest and reversed the judgment and decree of the trial court and dismissed the original suit.
5. Being aggrieved by and dissatisfied with the im..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....uidelines govern the relationship between JICA and the Borrower, who is responsible for the procurement of goods and services. No provision of these guidelines shall be construed as creating any right or obligation between JICA and any third party, including those bidding for the procurement of...... Writ Petition No.5095 of 2012 is made absolute. Power of a Review Panel Neither PPA, 2006 nor PPR, 2008 has provided any authority upon a Review Panel to declare a company as pre-qualified for a particular project of any purchasing entity. Any company which can not meet the pre-qualificat......ken to implement the decision of Review Panel. Mr. Khashru further submits that allowing NETAS to participate in the tender process by implementing the decision of the Review Panel No.2 will ensure a fair and competitive bidding process which will prevent overpriced bids and, ultimately, will benefi......y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
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