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National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....g of such petition does not convert into a "publicity interest litigation" or "private interest litigation". In this type of petition, a jurisprudence has been innovated where a public spirited person or organization invokes the jurisdiction of the court, on behalf of such persons, who by reason......ature of Public Interest Litigation (PIL) ATM Afzal, J in Dr. Mohiuddin Farooque Vs. Bangladesh, 49 DLR (AD) 1 observed: "A person pleading sufficient interest may be able to cross, what is called the threshold stage on the averments made in th6 writ petition but it will always remain ope......victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......azmun Ara Sultana J Syed Mahmud Hossain J Md. lmman Ali J Shamsul Huda J National Board of Revenue........... .........Appellants Vs. Abu Saeed Khan and others………………….......Respondents Judgment August 1, 2012. Re..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....ontinued his possession for more than 12 years. During SA operation the land was recorded in the name of his name-lender namely, Akhil Chandra Biswas who died leaving behind the defendant as his only son. The plaintiff requested him to execute and register a kabala in his name but the defendant refu......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. ......receipts with Hori Krishna Mondal. The plaintiff did never purchase the suit land by his own fund and did never possess the same. With these averments he prayed for dismissal of the suit. 5. The trial was taken up by the learned Assistant Judge, Additional Court No.3, Khulna who framed the foll......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Monindra Nath Biswas ......................Petitioner Vs. Kantaram Mondal and others................Opposite Parties Judgment July 31, 2012. Result: The R..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
....wo strands, firstly, precludes a shareholder from bringing an action to pursue wrongs which has been done to the company. Secondly, where there are irregularities in the way the company is run, and also in many cases where directors are in breach of their duties, the majority shareholder in gen......esaid notice was issued for calling an EGM although the Board of directors has not taken any decision to call any EGM for amendment of article 14 and Article 26 and, as such, the said notice was called without any lawful authority and with ulterior motive to grab 100% controlling power by ......oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ......gh Court Division (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J MA Gafur...............................Petitioner Vs. Registrar of Joint Stock Companies and Firms & ors..................Respondents Judgment July 31, 2012. Result: ..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)
....5(fifteen) days from the date of receipt of this order. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27 ......ed. In such circumstances, we are of the view that justice would be done if a direction be given upon the respondent Nos.1 and 2 to take necessary steps in accordance with law. Accordingly no Rule is called for. The respondent Nos.1 and 2 are directed to disposed of the application as evident in Ann......r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27 ...... Mamnoon Rahman J Md. Abu Zafor Siddique J Southeast Bank Ltd……………………......Petitioner Vs. District Magistrate, Chittagong and others .......Respondents Judgment July 30, 2012. Result: The application is..Category: Constitutional Law | Date: 30 Jul, 2012 | Hits: 1
Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)
....f G.R. Case No.1147 of 2001 corresponding to Lakshmipur Police Station Case No.37 dated 19.12.2001 convicting this accused appellant under section 302 of the Penal Code and sentencing him to imprisonment for life and also to pay fine of Tk.20,000/-, in default, to suffer rigorous imprisonment fo......R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ...... case was started. The police, after completion of investigation, submitted charge against all the FIR named accused persons including the present accused-petitioner. 4. The case was ready for trial and it was ultimately sent to the court of the learned Additional Sessions Judge, Lakshmipur w......dvocate instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioner. Respondent—Not represented. Criminal Petition for Leave to Appeal No.376 of 2009 (From the judgment and order dated 12.12.2006 passed by the High Court Division in Jail Appeal No.181 of 2006.) Or..Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
....hellip;………………………………….Opposite parties Judgment July 25, 2012 Result: The Rule is made absolute. Cases Referred to- Latifa Akter and others Vs. the State and another, 7 BLT(AD) 28...... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......t in the case of Latifa Akter and others Vs. The State and another, reported in 7 BLT (AD) 282; our apex Court observed: "Section 265C in Chapter XXII speaks of discharge of an accused in a trial before court of sessions. Section 241A in Chapter XX speaks of discharge of an accused in a tr......ed in: 21 BLT (HCD) (2013) 28 ..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....BLD 695; Abdur Razzaque Vs. State, 28 DLR 35; Md. Ali Haider alias Haidul Vs. State, 5 BLT 101; Angur Vs. State, 41 DLR 66; Abu Jamal Vs. State, 51 DLR 57; State Vs. Lokman Miah, 48 DLR 149; Ghulam Rasool Vs. State, 1977 Pakistan Criminal Law Journal 985; Md. Mominul Huq Vs. State, 48 DLR 182; Kawsa......orce of their marriage. But the Momena did not accept the said divorce. The victim and the sister of the accused Momena continues to meet with each other. On the date at mid night the accused Ishaque called the victim deceased Abedin with the help of his sister Momena in his house where the victim m......olice arrested the accused-appellant who made confessional statement under section 164 of the Code of Criminal Procedure before the Magistrate, 1st Class, Meherpur. 9. The case came up for trial before the Court of Sessions Judge, Meherpur, the charge was framed against the ac...... Result: The appeal is allowed. Confessional statement, not a verbation statement of the accused The facts of confessional statement are being gathered by a Magistrate on question and answer basis. So the recorded confessional statement can not be the verbatim statement of the ac..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....s. Amatul Karim and Swarup Kanti Deb, Assistant Attorney Generals-For the respondents. Writ Petition No. 9416 of 2012 Judgment Hasan Foez Siddique J.- By this petition, the petitioner has sought for declaration that the Ruling of the Hon'ble Speaker of the Jatiyo Sangsad dated 18.06.2012......ehalf of the respondents, submits that the petitioner has got no locus standi to file the instant writ petition. His next submission is that the validity of the proceedings in Parliament shall not be called in question in any Court as per Provision of Article 78 of the Constitution so the instant wr......s that the discussions on matters pending adjudication before courts of law should be avoided on the floor of the House, so that the Courts function uninfluenced by anything said outside the ambit of trial in dealing with such matters…………… It is a well established rule that discussion on a......n) Present : Hasan Foez Siddique J ABM Altaf Hossain J AKM Shafiuddin.......................… Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others..................................… Respondents Judgment ..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Jamat Ali Vs. State, 2012, 41 CLC (AD)
.... 3. By that judgment the learned Special Sessions Judge convicted this petitioner and another accused Mokbul under section 302 of the Penal Code and sentenced them thereunder to death and also to pay fine of Tk. 20,000/- each and convicted them further under sections 201 of the Penal Code ...... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ......ed them thereunder to rigorous imprisonment for 7 (seven) years and to pay fine of Tk. 10,000/- each, in default, to suffer rigorous imprisonment for a further period of 1(one) year each. The learned trial judge made a reference under section 374 of the Code of Criminal Procedure to the High Court D......Involved: Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Respondent—Not represented. Criminal Petition for Leave to Appeal No.367 of 2009 (From the judgment and order dated 27.01.2008 passed by the High Court Division in Criminal Appeal No.3084 of 2004 with..Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70
Nalu Vs. State, 2012, 41 CLC (AD)
.... petition. On the basis of Naraji petition, Inspector Md. Mahmudur Rashid, Officer-in-Charge, D.B, Manikgonj, after investigation submitted charge sheet against two accused including the condemned-prisoner. 5. At commencement of the trial, the learned Additional Sessions Judge, Manikgonj frame......an Ali, nephew of the informant Md. Hazrat Ali of Ukia Village under P.S. and District-Manikgonj, was watching television in the house of neighbour Atab Ali. At that time, his cousins, Nalu and Rubel called away Emran for eating mango. After that, there was no trace of Emran. The following day at 12......ion, Inspector Md. Mahmudur Rashid, Officer-in-Charge, D.B, Manikgonj, after investigation submitted charge sheet against two accused including the condemned-prisoner. 5. At commencement of the trial, the learned Additional Sessions Judge, Manikgonj framed charge against both the accused inclu...... Lawyers Involved: A. B. M. Bayezid, Advocate- For the Petitioner. Md. Shahrowardi, Deputy Attorney General- For the Respondent. Jail Petition No. 09 of 2010. (From the judgment and order dated 10th November, 2009 passed by the High Court Division in Death Reference No.78 of 20..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
..... - This petition for leave to appeal is directed against the judgment and order dated the 10th day of March, 2010 passed by the High Court Division in Writ Petition No.1218 of 2009 making the Rule absolute. 2. Facts necessary for disposal of this petition are that respondent Nos.1 and 2 as writ...... statutory body, writ petition was very much maintainable in law and in the facts and circumstances of the case, the High Court Division rightly made the Rule absolute and as such, no interference is called for with the impugned judgment and order and the leave petition be dismissed. 10. During ...... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ......ah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J A.N. Istiaq Ahmed.......................................Petitioner Vs. Abdus Salam Khan and others...................Respondents Judgment July 19, 2012. Result: The petition is..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
.....
Cases Referred to-
State of U.P Vs. Manbodhan Lal Shriastada, AIR 1957 (SC) 1912, Aminul Islam and others Vs. Jains Finley and Company Ltd., 26 DLR (SC) 33; Bangladesh Marine Fisheries Association Vs. Government of Bangladesh and others, 52 DLR (273); Habibur Rahman Molla Vs. Stat, 61 D......
Writ Petition No.1655 of 2008.
Judgment
Farah Mahbub J.- In this Rule, issued under Article 102 of the Constitution of the People’s Republic of Bangladesh, the respondents have been called upon to show cause as to why the continuation of Special Case No.01 of 2007 arising out of Di......sed petitioners against whom allegations under the respective provisions of law have been brought and because of the said situation they do not have the scope to controvert the said allegation unless trial commences. As such, he submits that this Court in this sort of cases should exercise it’......
This Case is also Reported in:
..
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
....ernment as well as foreign grants. The said samity was an autonomous body and had its own constitution. As per its constitution, there was a procedure for formation of General, Executive and Advisory Committees. But there was no provision for formation of any ad-hoc committee under that co......e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......al has been directed against the judgment and order dated 25-3-2009 passed by the High Court Division in Civil Revision No.2944 of 2006 discharging the rule affirming the judgments and decrees of the trial court as well as of the appellate court. 2. The respondent No.1 Ms. Eazilatunnesa, as pla...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Aysha Siddiqua ..............................Petitioner Vs. Fazilatunnesa and other...................Respondents Judgment July 15, 2012. Result: ..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
..........Defendant-Appellant-Petitioner Vs. Md. Raisuddin and others................Plaintiff-Respondent-Opposite-Parties Judgment July 12, 2012. Result: The rule is made absolute. It is a settled principle of law that question of limitation is a mixed question of fac...... 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 ......ivil Revision No.3570 of 2000. A Single Judge of the Hon’ble High Court Division made the rule absolute, set-aside the judgment and decree of the court of appeal below and restored those of the trial court by judgment and order dated 28-7-2998. Petitioner against the judgment of the Hon'bl...... 21 BLT (HCD) (2013) 1 ..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
....of 2012.
(Arising of Company Matter No.116 of 2006)
Judgment
Md. Rezaul Hasan J. — As directed in the Rule issued on 20th June, 2012, the respondent contemner himself has personally appeared today, before this Court.
2. This contempt Rule was issued at the instance of ......is acquitted from the charges brought against him.
The Rule is disposed of accordingly.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 237
......is acquitted from the charges brought against him.
The Rule is disposed of accordingly.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 237
......d in: 65 DLR (HCD) (2013) 237
..
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
....nt: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Safi Uddin...........................Petitioner (In person) Vs. District Judge, Dhaka & others.......Respondents Judgment July 8, ...... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ...... eventually heard by the learned Additional District Judge, Seventh Court, Dhaka who by his judgment and decree dated 24.05.2003 allowed the appeal and set aside the judgment and decree passed by the trial Court and remanded the suit for re-hearing on taking further evidence on the said travelers ch......ioner. Syed Shaheed Hossain, Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 2208 of 2011. (From the judgment and order dated the 16th day of May, 2011 passed by the High Court Division in Writ Petition No.8824..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....thority Ordinance,1976, substituting berth/ship-handling operation in place of stevedoring/shore-handling operation at Chittagong port, should not be declared to be ultra vires the Constitution; also as to why the notices inviting tender bearing Invitation Reference No. DT/Ship/Berth Operator/Te...... Writ Petition No.4285 of 2010. Judgment Farah Mahbub J.- In this Rule, issued under Article 102 of the Constitution of the People’s Republic of Bangladesh, the respondents have been called upon to show cause as to why the impugned amendment of the Regulations for Working of Chitta......aid meeting following resolutions had been adopted: (i) Berth/Ship-handling operation should be introduced in place of Stevedoring/Shore-handling services at CP from 16.05.2007 on trial basis; (ii) Jetty Nos. 1-13 at CP would be demarcated into 12(twelve) berths, where......igh Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Ancient Traders Limited, Facy Building (2nd Floor), 87 Agrabad C/A, Chittagong-4100 and others……………………………Petitioner Vs. Chittagong Port Atuthority, Ban..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
....ুসারে উহার সহিত সহযোগী আসামীর স্বীকারোক্তি বিবেচনায় আনা যায়। Conviction can not be based solely on co-accused’s confession It is settled law that conviction can not be based sole......ession made by a co-accused as against the non-confessing accused and there is nothing to disagree with this settled position of law. But this court is not hearing an appeal against conviction nor is called upon to assess the evidentiary value of the aforesaid confessional statement as the last cour......g except from the data and information available in the confessional statement....... (19) Since confessional statement is documentary evidence, it can be taken into consideration at the time of trial as per section 30 of the Evidence Act, 1872 and in appropriate case conviction of the non-conf...... can not be based solely on co-accused’s confession It is settled law that conviction can not be based solely upon the confession made by a co-accused as against the non-confessing accused and there is nothing to disagree with this settled position of law.......... (17) Confession, n..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
.... leave, by the appellant, arises out of the judgment and order dated 16th and 17th April, 2002 passed by a Division Bench of the High Court Division in Writ Petition No.1806 of 2000 making the Rule absolute.
2. The writ petition was filed questioning legality of listing House No.240 at Road No......n question and as such, the property by operation of law became an abandoned. The memorandum of gift dated 01.01.1971 is an anti-dated and manufactured document to raise claim in the property. The so called gift is hit by the provision of clauses 20 and 21 of the leased deed. Recording of the names ......al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
......a J
Md. Abdul Wahhab Miah J
Syed Mahmud Hossain J
Md. Shamsul Huda J
The Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka..................Appellant
Vs.
Orex Networ..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....Kibria(Md.).....................Petitioner Vs. Bangladesh...............................Respondents Judgment June 19, 2012. Result: The Rule is made absolute. The Applicability of the Doctrine of Legitimate Expectation- The Doctrine of Legit......some overriding public interest comes in the way. Equity has always , True to Form, Stepped in to Mitigate the Rigours of Strict Law- The doctrine of promissory estoppel has been variously called 'equitable estoppel', 'quasi estoppel' and 'new estoppel'. It is a pr......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148 ......has always , True to Form, Stepped in to Mitigate the Rigours of Strict Law- The doctrine of promissory estoppel has been variously called 'equitable estoppel', 'quasi estoppel' and 'new estoppel'. It is a principle evolved by equity to avoid injustice and through commo..Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3
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