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Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......secution case, in short, is that, on 17‑1‑2003 at 19.30 hours one Shah Alam Molla as informant lodged the first information report with Muladi PS against 9 accused persons including the appellant and 3/4 unknown terrorists, alleging, inter alia, that GR Case No. 24, 25 and 02 filed by him previo......g aggrieved by the impugned order of framing charge dated 20‑3‑2004 the appellant preferred the instant appeal, contending, amongst others, that the Tribunal framed charge without considering the legal and factual aspects of the case in a mechanical way; that in view of the fact that first infor..Category: Criminal Law | Date: | Hits: 64
National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)
....€‘3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624.......o show cause as to why the Memo dated 11‑3‑1999 by the respondent imposing fine on the petitioner Annexure O to the writ petition should not be declared to have been done without lawful authority and is of no legal effect. 2. The case of the petitioner National Life Insurance Company Limited ......as to why the Memo dated 11‑3‑1999 by the respondent imposing fine on the petitioner Annexure O to the writ petition should not be declared to have been done without lawful authority and is of no legal effect. 2. The case of the petitioner National Life Insurance Company Limited is that the p..Category: Business or Commercial Law | Date: | Hits: 271
Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)
....Case No. 1 of 2003 arising out of Motijheel PS Case No. 39 (2) 01 and GR No. 411 of 2001, should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. Heard both sides at length and perused the record so placed before us. 3. Mr. Abdul Ba......– Counter affidavit on behalf of the opposite party State filed in Court may be kept with the record. 2. This Rule was issued, at the instance of accused petitioner Tareq Shamsul Khan alias Himu and three others, calling upon the opposite party to show cause as to why the order, dated 6‑2‑2......l Case has been stayed till disposal of the Rule, but the matter has been extended again till disposal of the Rule on 25‑6‑2003 by suppressing the nonÂsubmission of the copy of notice which is illegal and thus the Rule has become in fructuous. He then submits that the facts and circumstances of..Category: Criminal Law | Date: | Hits: 71
Wazir Jahan Begum and another Vs. Government of BanglaÂdesh and others, 2003, 32 CLC (HCD)
....s Case No. 20 of 1990 should not be declared to have been passed without lawful authority and is of no legal effect and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Heard the Learned Advocates and perused the application. Mr. Md. Tofazzal Hossain, the...... also Reported in: 56 DLR (2004) 621.......‘7‑96 passed, by the Subordinate Judge, 4th Court and Artha Rin Adalat, Comilla in Miscellaneous Case No. 20 of 1990 should not be declared to have been passed without lawful authority and is of no legal effect and or pass such other or further order or orders as to this Court may seem fit and pro..Category: Civil Law | Date: | Hits: 81
Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
....iew of the above background and history of the case learned Court below should have exercised his discretion judicially under the provision of the section containing, unless for some reason he thinks proper to adjourn the hearing of the case to some other day and could have adjourned the case to a f......004) 614.......the Respondent. Criminal Appeal No. 221 of 1995. Judgment Md. Abdul Quddus J. - In this appeal under section 417(2) of the Code of Criminal Procedure the complainant appellant challenged the legality of the impugned order dated, 21‑1‑1995 by Additional District Magistrate Noakhali dismi..Category: Procedural Law | Date: | Hits: 73
Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)
.... of Kotwali Police Station Case No.23 dated 14-10-2002, corresponding to GR No.482 of 2002, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The prosecution case, as has been initiated upon lodging a first information report (F......he convict-petitioner, under section 561A of the Code of Criminal Procedure (the Code) the present rule has been issued calling upon the opposite parties to show cause as to why the impugned Judgment and order of conviction and sentence dated 14-1-2007 passed by Special Tribunal Judge, Special Tribu......coity by the accused, as alleged by the prosecution, then there must be an owner and claimant to whom belong the gun and the seized gun should have been delivered to the person who is entitled to the legal possession thereof after conclusion of the trial as per provision of section 517 of the Code, ..Category: Criminal Law | Date: | Hits: 65
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
.... in accordance with the existing laws and rules; (d) To ensure compliance with the shipment procedures and container sealing as per rules and order; (e) To issue CRFS and NNRF after undertaking proper inspection (physical and otherwise) prior to shipment of the consignments to be exported as p......also Reported in: 62 DLR (HCD) (2010) 284. ......ment Rules. 2008 and (d) the failure of the Respondents to refund/adjust the excess VAT deducted from the petitioners, invoices should not be declared to be without any lawful authority and are of no legal effect and to declare such action as unconstitutional and being violative of the petitioners' ..Category: Fiscal/Taxation Law | Date: | Hits: 152
....illa against the petitioners and others for recovery of loan amounting to Tk.6, 39,608.55 (taka six lac thirty-nine thousand six hundred eight taka and paisa fifty five) only by selling the mortgaged property and the said suit was decreed on contest against petitioner No.1 and ex parte against other......ee.
Ed.
This Case is also Reported in:
.......
7. We have perused the writ petition, affidavit-in-opposition and papers submitted therewith, and considered the submissions of the learned Advocates of both the sides. We have also examined the legal position and the relevant laws. It appears from the mortgage decree (annexe: A-1 to the writ p..
Category: Civil Law | Date: | Hits: 80
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
....eover, it is apparent from the plaint, deposition of P.W.1 and the legal notices that the plaintiff had tendered the balance consideration money and requested defendant No.1 to execute and register a proper sale deed. In view of the legal notices served under registered covers, it has been clearly p......t High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Abdul Khaleque Miah alias Khan Abdul Khaleque since deceased substituted by his heirs Mst. Sufia Begum and others………………...Petitioner Vs. Sheikh Amin Uddin, since deceased substituted by......Haque, Advocate-For opposite party No.1. Civil Revision No. 5858 of 1991. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of an added defendant-appellant was issued to examine the legality of judgment and decree dated 5.12.1983 (decree signed on 8.12.1983) passed by the District ..Category: Property Law | Date: | Hits: 99
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
....after the said Idris Ali died living behind his widow Hasena Banu, daughter Rupchand Bibi and six sons including the petitioner. The said heirs of Idris Ali made an amicable partition of his left out property and the land in 1st schedule fell in the share of Hasena Banu, Ayub Ali (another son of Idr......High Court Division (Criminal Revisional Jurisdiction) Present: Md. Rais Uddin J Md. Ruhul Quddus J Afruj Miah………………….......................Petitioner Vs. Jira Miah and another ……………….....Opposite Parties Judgment October 5, 2011. Result: Th......879 of 1993. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the first party-petitioner in a proceeding under section 145 of the Code of Criminal Procedure was issued to examine the legality of judgment and order dated 8.4.1993 passed by the Additional Sessions Judge, Habiganj in C..Category: Property Law | Date: | Hits: 53
....uit No.89 of 2003. The suit was instituted for declaration of title and perpetual injunction for restraining the Government-officials from disturbing the plaintiffs’ peaceful possession on the suit property and from transferring it to any other person.
2. Plaintiffs’ case, in brief, is that t......d J.- I agree.
Ed.
This Case is also Reported in:
...... the said property, which was rejected on 1.12.2001. It is alleged that in rejecting the case, the Tribunal did not examine the thump impression of the original allottee Ramjan Ali by an expert and illegally arrived at a finding that the sale deed was not executed by him (Ramjan Ali).
6. Challeng..
Category: Property Law | Date: | Hits: 78
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
....tion agreement be filed in the Court. There was a written contract between these parties under which the plaintiff agreed to supply to the Civil Supply Depot of the defendant some gunny bags, and for proper performance of the contract, furnished two Bank GuaranÂtees. The delivery was to be complete......A Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Govt. of Bangladesh & another.............. Appellants Vs. M/S Mashriqul Textiles and others.............. Respondents Judgment December 8, 1982. Result: The appeal is di...... of a suit, should be filed in the Court so that the Court may direct a reference of the dispute to an arbitrator. Section 34 provides that where any party to an arbitration agreement commÂences any legal proceeding against any other party to the agreement in respect of a matter covered by the arbi..Category: Alternative Dispute Resolution | Date: | Hits: 238
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....learned Judges hearing the appeal disagree, which need be referred to a third Judge and not the whole case. Collister, J. went on to state as follows:-“We have no doubt in our mind that this is the proper view to take of s.429, Criminal P.C., for it can never have been in the contemplation of the ...... (Criminal) Present: Md. Imman Ali J The State...........................Petitioner Vs. Md. Faisal Alam Ansari...........................Condemned Prisoner Md. Saiful Alam Ansari and another..........Absconding Convicts (Death Reference No.81 of 2003) With Md. Faisal Alam ......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 94
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
....t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ......ellant A. K. M Zahirul Haque, Additional Attorney General, instructed by Md. Musfiqur Rahman, Advocate-on-Record-For the Respondent. Criminal Appeal No. 47 of 2009. (From the judgment and order dated 3.3.2008 passed by the High Court Division in Criminal Appeal No.2931 of 2001.) ...... 5th July, 1992 and his confessional statement was recorded on 13th July, 1992 which sufficiently proved that the confessional statement was extracted by the police after keeping him 5 days more in illegal police custody and therefore, this confession could not be taken as true and voluntary. The le..Category: Criminal Law | Date: | Hits: 100
State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)
....ndents on perfunctory grounds, which was not at all the defence version. 12. To substantiate a charge punishable under section 409 of the Penal Code, the prosecution is required to prove that the property was entrusted with the accused. When section 405 defines ‘criminal breach of trust’ spe...... State………………...................Appellants (In both the appeals) Vs. Md. Abul Hossain…………………………Respondent (In Criminal Appeal No.25 of 2004) Md. Mozammel Haque and another………….Respondents (In Criminal Appeal No.26 of 2004) Judgment December 7, 20......ained by him until certain contingency arises or to be disposed by him on the happening of a certain event. The person who transfers the possession of the property to another person still remains the legal owner and the person in whose favour possession in so transferred has only the custody of the ..Category: Criminal Law | Date: | Hits: 85
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
....atun Vs. GovernÂment of Bangladesh reported in 61 DLR 693 was relied upon. The High Court Division after noting the submission of the learned Advocate for the writ-petitioner that he was not advised properly and, on such advice filed the case before the Labour Court observed that the petitioner was......Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Md. Mamtaz Uddin Ahmed J Biman Bangladesh Airlines Limited and others.........Appellants Vs. Md. Moniruzzaman and others...............Respondents Jud......07 issued by the Deputy General Manager Personnel, Biman Bangladesh AirÂlines Limited terminating him from service under the said regulation to have been issued without lawful authority and is of no legal effect. The petitioner also sought a declaration that he has a right to continue in service ti..Category: Employment/Service Law | Date: | Hits: 111
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
....ered the law resisting the transfer which came into operation on 14-12-1948 and gave permission and approval to Lamio Matbar to transfer the same. Therefore, the Government now can not claim the suit property which was purchased by the plaintiffs and their predecessors. The High Court Division also ......t: Surendra Rumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others.........Appellants (In all the appeals) Vs. Abdul Motaleb & others...................he appeals, subÂmits that the suit land was made khash as per provision of section 20 of the State Acquisition and Tenancy Act and that the High Court Division without taking into consideration this legal aspect reversed the judgment deliÂvered by the appellate Court, which allowed two appeals and..Category: Property Law | Date: | Hits: 67
Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
.... the Project Director was taken over from him and therefore, he had no cause of action to file the writ petition, but the High Court Division failed to consider this factual aspect of the case in its proper perspective in passing the impugned judgment and order. He has lastly contended that the Mini......Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Government of the People's Republic of Bangladesh, Represented By the Secretary, Ministry of Women and Children Affairs, Bangladesh Secretariat and Others………Petitioners Vs. Nasirur Rahma......Court Division challenging the letter vide Memo No. Moshi Bim/Sha-7/28/96-97(Angsh-1)206/1(2) dated 02.08.1999 signed by writ-respondent No.4 to have been passed without lawful authority and is of no legal effect and also for direction upon the writ respondent-petitioners to hand over charge of the ..Category: Employment/Service Law | Date: | Hits: 119
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67....... Sinha J Md. Abdul Wahhab Miah J Ms. Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and Others……………..Appellants Vs. Md. Mosharraf Hossain………………………â€......§¨à§¦à§¦à§¦ in so far as they treat the Bench Readers as Third Class Non-Gazetted Officers instead of First Class Gazetted Officers to have been issued and made without lawful authority and are of no legal effect. The petitioner also sought direction upon the present appellants who were respondent N..Category: Employment/Service Law | Date: | Hits: 127
Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)
....dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ......a Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and Others………………………Appellant Vs. Himangshu Ranjan Pal…………………â€...... Education seeking redress but got no response. He once again filed representation but he was not favoured with any reply. 5. In view of the above situation the petitioner was compelled to serve legal notice through his lawyer requesting the authority to inform the petitioner about the real sta..Category: Administrative Law | Date: | Hits: 240
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