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Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
....s recovered from a shop named SR Jewelers situated at Baro Maszid, Road of Hemayetpur, under Police station Savar. These two accused-petitioners were taken to remand but they did not make any confessional statement. (underlining is mine) 14. It further appears from the record ......he learned Sessions Judge, Dhaka, by his order dated 8-3-2012 has rejected the bail petitions of these two petitioners for the reasons recorded therein. 15. The case is at the investigation stage and police has not yet submitted report. 16. The learned Advocate Mr. Md. Amanul Karim (L...... gate. They looted away cash money and ornaments and a torch light all worth of Tk.1, 78,000. After commission of dacoity when the dacoits were rushing back the co-villagers of the informant who were proceeding towards the spot hearing hue and cry chased the dacoits and caught red-handed one of them..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....shed by the Bar Council on 9-4-2012 shows ex-facie that the same was merely consolidation of the members list obtained from various Bar Associations recognized by the Bar Council. Consequently, many Advocates have been shown as voters twice or thrice. The voter list prepared by the Bar Council ......ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ......the thing required. The Supreme Court of New York, in an opinion afterwards approved by the Court of Appeals, laid down the rule as one settled by authority, that "statutes directing the mode of proceeding by public officers are directory, and are not regarded as essential to the validity of th..Category: Others | Date: 18 Jun, 2012 | Hits: 7
Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)
....od as was asked for itself constituted a separate offence within the meaning of the first part of section 26(2) (Ka) of the Ain, 2004, therefore, he was liable to be proceeded with. We do not find anything wrong with the finding of the High Court Division in view of the admitted fact that the pe......he learned Divisional Special Judge by his order dated 19-6-2008 rejected the application of the petitioner filed under section 241A of the Code and framed charge against him on 29-6-2008. At this stage of the proceedings, the petitioner filed an application before the High Court Division unde......ivisional Special Judge by his order dated 19-6-2008 rejected the application of the petitioner filed under section 241A of the Code and framed charge against him on 29-6-2008. At this stage of the proceedings, the petitioner filed an application before the High Court Division under section 561..Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
....His case, in short, is that the suit is bad for defect of parties and barred by law of limitation. The bainapatra dated 3-3-2002 is forged and is created by the plaintiff. Defendant No.1 did not take any money from the plaintiff. The case is totally false and fabricated. In such view of the matter, ......appearing on behalf of the appellants, submits that the High Court Division committed illegality in holding that there is no scope for obtaining the opinion of the handwriting expert at the appellate stage although appeal is the continuation of the suit and that defendant No.1 rightly prayed for add...... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
....urt Division allowing the plaintiffs prayer for examination of the disputed thumb impressions appearing in an unregistered deed of gift in exercise of revisional jurisdiction without affording him any opportunity of being heard. 2. Respondent No.1 instituted Other Class Suit No.3 of 1999 se......ation of the plaintiff as one of reviewing its earlier order rejecting his prayer for examination of the disputed thumb impression by expert. However, the plaintiff has made the prayer at a belated stage of the proceeding and he has secured the order ex parte from the High Court Division. In view......plaintiff as one of reviewing its earlier order rejecting his prayer for examination of the disputed thumb impression by expert. However, the plaintiff has made the prayer at a belated stage of the proceeding and he has secured the order ex parte from the High Court Division. In view of the abov..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
....on of their names in place of their deceased
father and the other lessee Syed Muhammad Ullah and that application is still
pending for decision.
4.
That the Assistant Commissioner (Land), Companygonj, Sylhet in violation of the
above mentioned memo dated 17.10.1985 initiated Miscellaneous C......
view of the above, it is evident, that there is no merit in this Civil Petition
for leave to appeal and hence it is dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 832.
......011
passed by the High Court Division in Writ Petition No.3479 of 2009 making the
rule absolute.
2.
The respondent Nos.1 to 10 herein filed the above mentioned writ petition
challenging the proceeding of Miscellaneous Case No.147 of 2004-2005 and the order
dated 22.03.2005 passed therein ..
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)
....06 this Division by the judgment and order dated 03.06.2007, granted leave to appeal to examine following two grounds only agitated by the leave petitioners. (i) The writ petitioner did not file any appeal before the appellate authority against his order of dismissal as per regulation 59 of the......ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ...... Manager (Local Purchase) in Bangladesh Biman Corporation (the "Biman" in short) he received a notice being No.ACPA/15/P-32735/98/74 dated 23.03.1998 (annexure-B) to show cause as to why disciplinary proceeding should not be taken against him for causing huge financial loss to Biman in his self-inte..Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
.... He has denied the allegations about his disqualification. He has contended that there is no cause of action to file this case and that the case was not maintainable as respondent No.1 did not prefer any appeal to the Election Commission against the decision of the Returning Officer taken on 4-12-20......l, are:— In the election of the 9th Parliament for Tangail-5 Constituency held on 29-12-2008, the appellant-petitioner and respondent Nos.1-4 were the contesting candidates. At the initial stage of the election process, the Deputy Commissioner, Tangail acting as Returning Officer received...... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)
....plication and framing charge, the petitioner moved the petition before the High Court Division for quashing the proceedings. In the High Court Division, it was urged that the petitioner did not issue any cheque in favour of the complainant and that the latter by threat and coercion with the help o......n have discharged the rule on assigning proper reasons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ......the case was pending for trial for his discharge. 3. Before disposal of the said application and framing charge, the petitioner moved the petition before the High Court Division for quashing the proceedings. In the High Court Division, it was urged that the petitioner did not issue any cheque i..Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....d 8-12-2002 passed by the Taxes Appellate Tribunal, Division Bcnch-3, Dhaka in Income Tax Appeal No.6389 of 2000-2001 (Assessment year 1998-1999). 2. The assessee-applicant is a private company by guarantee incorporated under section 28 of the Companies Act, 1994. The assessee-applica...... Grameen Kalyan inasmuch as, the later showed payment of Taka 11 crore only as bridge loan to the assessee; (iii) the assessee imported goods on payment of duties, taxes, etc. at the import stage but the DCT as well as both the appellate authorizes without considering the provision of......istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....s illegal. It is further contended that the knowledge or intention to commit an act specified in section 299 is totally absent in this case and therefore, act of the appellants cannot constitute any offence under the Penal Code. This takes us to consider, what is culpable homicide; or in t...... pathway of the village and as soon as she reached the main road she found that the accused convicts were waiting for her, she was frightened and started running away. They also chased her and at one stage they gheraoed her and finding no alternative she jumped into the pond. This fact sufficiently ...... his judgment and order dated 30-9-2002 found the appellants guilty under sections 302/34 of the Penal Code and sentenced each of them to death. 45. The learned Sessions Judge submitted the proceedings of the Sessions case to the High Court Division under section 374 of the Code for confir..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
.... against the Huawei Tech Investment Ltd. and another has been contested by the respondent No.2 and now disposed off by this judgment. 2. The petitioner is Bangla Phone Limited is a Bangladeshi company while the respondent Huawei Tech Investment Limited is a company incorporated in Hong Kong and e......e of the respondent that the system has been purchased in the year 2005 which became practically obsolete in the year 2009, since in the meantime the similar equipments have been upgraded to the next stage which since not been purchased by the petitioner, could not be installed in the system and as ......claiming compensation for loss and damage suffered under the Contract and accordingly the petitioner intended to invoke the Provisions of Clause No.18.03 of the Contract and to submit the arbitration proceeding before the Singapore International Arbitration Centre (SIAC) on 17th November, 2011 which..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
....gal effect and/or such other or further order of orders passed as to this Court may seem fit and proper.
2. The facts in the writ petition in short are that the petitioner, a Private Limited Company represented by its Managing Director, established a factory for manufacturing Float Glass by usi......al pending before the Tribunal is deemed to have been allowed due to expiration of 9 months stipulated period in disposal of the appeal as pet provision of Section 42(4) of the Act,.
12. At this stage, on our query, the learned Advocate for the petitioner by filing a supplementary affidavi......ue disposal of the appeal, in the meantime the stipulated period has long since expired. In such circumstances he submits, that given there is no order of this Court staying the appeal proceedings, therefore, the appeal pending before the Tribunal is deemed to have been allowed d..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
.... responsibilities for a maximum period of 120 days and in the instant case the said period had also been expired long before filing of the writ petition and obtaining Rule. Without being appointed at any point of time the petitioner managed to obtain the ad-interim order of stay and till one year he...... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ......n categorically observed, inter-alia. "Action taken by the Government regarding matter already before a Court for adjudication in which the government is a parry is an affront to a judicial proceeding and is an attempt to pre-empting a judgment not to be condoned in any way." 11...Category: Family Law | Date: 30 May, 2012 | Hits: 7
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....e decision of the appellate Court. When a revisional application is filed against judgments of reversal, the High Court Division is under the obligation to apply its mind independently before drawing any inference with regard to the conflicting findings of the Courts below and to come to a decision ...... suit land was recorded during SA operation in Khatian Nos. 822 and 623 in the names of the plaintiffs' vendors. During Diara settlement, the names of the plaintiffs' vendors were recorded upto field stage but subsequently in the final Diara Khatian, the name of defendant No.1 was recorded in respec......cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....-8-1999) respondent No.1 moved the High Court Division in Civil Revision No.2512 of 1999. A Division Bench of the High Court Division by the impugned judgment and order made the Rule absolute without any order as to costs, set-aside the impugned orders- dated 5-8-1999 and 30-8-1999 and allowed the a......appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ......and revision by the High Court Division and as to review of judgment of the Code of Civil Procedure, 1908, as applied by section 141 of that Code, be final. (4) The District Judge may withdraw any proceedings under this Part from an inferior Court, and may either himself dispose of th..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... Injunctive but also Remedial— Articles 44(1), 102(1) 102(2) The power of the High Court Division under Article 102(1) is not only injunctive in ambit but also remedial in scope to provide any relief against a breach of fundamental right already committed which may include the, power to a...... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ......brick, bats and bombs breaking the glass of the said mini bus and thereby they assaulted Kamruzzaman, a Photo Journalist of 'The Daily Dainik Bangla'. While the detenue and other persons were proceeding towards BNP Office, Nay a Paltan, at the instance of the detenue some persons of the said..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....e mutation of 7 R.S. plots measuring 5.17 acres of land in the name of Moqbul Ahmed. The writ-petitioners never claimed that these are corresponding plots and as such, they are not entitled to get any relief in the writ petition on such controversial and disputed facts. It is not correct that t......n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ...... the High Court Division was not justified in deciding the propriety of the order of the Full Board relying on the decree passed in the said title suit. In this regard, we like to observe that in a proceeding under section 143A of the Act (since repealed), title is not decided and the decree pass..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....to see the file but defendant declined and some photo copies of LA Case No.2/78-79 was given to the plaintiffs. From defendant No.2 plaintiffs further came to know that one Shuktara Printers Company Ltd filed Title Suit No. 224 of 2004 against the acquisition proceeding where all the papers of ......(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ......A Case No.2/78-79 was given to the plaintiffs. From defendant No.2 plaintiffs further came to know that one Shuktara Printers Company Ltd filed Title Suit No. 224 of 2004 against the acquisition proceeding where all the papers of land acquisition case No.2/78-79 were submitted. Plaint..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ক-৩/২০০৫)অংশ-১/১০৫৪১ dated 18-8-2011 rejected the request of the Principal, on the ground that the petitioner is, the second teacher and therefore is not entitled to get any MPO. That Memo of 18-8-2011 runs as follows:— গণপ্রজাতন্ত......petitioner's appointment is indeed as 2nd teacher. 14. Finally, Mrs. Jahan submitted that both Sheikh Md. Abul Bashar and the petitioner are the teachers of Sociology in the Higher Secondary stage and the petitioner claimed his MPO entitlement not for degree level but for higher Secondary l......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
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