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Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)
....e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......, in short, are that the complainant lodged a petition of complaint alleging that on 7th Magh, 1392 BS corresponding to 21.01.1986 at about 2.00 P.M. the present appellants and others forming an unlawful assembly entered into the dwelling hut of the complainant which is a vested property and whe..Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8
Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
....ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......er notification vide a memo No.মুজেপ 0011/06/12/92 dated 7-5-2012 as per Annexure-'D' to this writ petition seeking further declaration that the said Annexure-D is without lawful authority and is of no legal effect and as to why the respondents should not be restrained by..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ......ty for Keeping peace in Baitul Aman Jam-E-Mosque at Road No. 7 Dhanmondi residential area they saw that when the pious Muslims (Musallies) were coming out from the Mosque some 10/12 persons made an unlawful assembly on the road carrying a banner of the banned organization namely 'Hijbul Tahrir&#..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ...... (5) of the Emergency Power Rules, 2007 read with section 109 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Chittagong should not be declared to have been made without lawful authority and is of no legal effect. 2. Mr. HS Deb Brahman, the learned Advocate appeari..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
Maku Rabi Das Vs. State, 2013, 42 CLC (AD)
.... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ......e of justice. 13. Now let us delve into the merits of the case. 14. On perusal of the evidence it has become clear to us that the occurrence of murder of Nainka Rabi Das, father-in-law of P.W.2 is not disputed. It is also evident that incriminating article like dao mat. ext.I w..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ......Act, 2004 because the very sanctioning power for prosecution has been given by the legislature to the Commission, not any member of the Commission as such sanction for prosecution as required by law has not been duly complied with. Emphasising much importance on this argument supported by..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
.... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ......nsideration of material facts resulting in an error in the decision occasioning failure of justice by which it can be held that the impugned judgment and order is perverse and not sustainable in law. The learned Advocate further submits that the plaintiff despite was not the owner of the suit p..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ...... Judgment March 6, 2013. Result: The appeal is dismissed. Legitimate expectation The root of the principle of legitimate expectation is constitutional principle of rule of law which requires regularity, predictability and certainty in Government's dealing with the pub..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
Badsha Mia Vs. State, 2013, 42 CLC (HCD)
....e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ......ten accused-persons misappropriated those CI sheets on using the same in their homestead. Later on upazila project implementation officer after scrutiny informed that 26 pieces of CI sheets were lawfully allots in the name of accused Siraj Sikder. But 16 pieces CI sheets were recovered fro..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......tion unilaterally rescinded the agreement for sale on 1st November, 2002, which was made before the expiry of the period of six months-the period of six month would expire on 2nd November as per law since the agreement was executed on 2nd May, 2002. Though there is stipulation for the adjustmen..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)
....acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ......s no scope for cancellation of the tender process. In other words, Clause 2.2 pre-supposes that upon expiry of 30 days, the tender could not be cancelled but should be awarded in accordance with law. In failing to take any decision within the stipulated period as provided under clause 2.2 of th..Category: Others | Date: 14 Feb, 2013 | Hits: 10
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ......at all reversed by the Appellate Court below and the possession inasmuch as, in favour of the plaintiffs as observed by the Trial Court is unrebutted, the impugned judgment is not sustainable in law. The learned Counsels further submit that the possession follows the title and non payment of re..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Abdul Wahab (Md.) Vs. State & another, 2013, 42 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: 18 BLC (HCD) (2013) 382. ......alf of the accused-petitioner, submits that the Deputy Director of the Anti-Corruption Commission issued notice under section 26(1) of the Anti-Corruption Commission Act, 2004 without having any lawful authority and, as such, the proceeding initiated thereunder has become vitiated. It is stated..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
....s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ......dents to show cause as to why the notification dated 2-2-2011 so far as it relates to Serial No. 1 declaring of Sarwar Kamal as Mayor of Cox's Bazar Pourashava should not be declared without lawful authority and is of no legal effect as it alleged to have been in violation of Section 32(1 )..Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3
Mohammad Elias Vs. Commissioner of Customs, Chittagong and others, 2013, 42 CLC (HCD)
....final assessment within a period of four months from receipt of this order. Communicate the judgment to respondents No.1-4. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......r the purpose of determination of minimum value of Brazil origin white sugar the Customs authority had referred the matter to an assessment committee. Constitution of any such committee is unknown to law and as such the impugned assessment on recommendation of the assessment committee is without law..Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ......orruption Act, 1957, and in that view of the matter the notice issued under section 5(2) of the Anti-Corruption Act, 1957 by the Bureau of Anti-Corruption was not valid and legal notice in the eye of law, and on that score, the impugned proceedings initiated against the accused-petitioner on the bas..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ......cement of trial would amount to stifling the proceedings before the prosecution got an opportunity to bring evidence in support of the accusation." 19. It is also a settled position of law that the defence materials as submitted by the accused-petitioner cannot be considered in a quas..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ....... Thereby, no sanction was accorded of the Government to initiate/inquiry into the allegation or for the trial and therefore the initiation/inquiry and trial, if any, is not the inquiry in the eye of law. It was also stated that no offence was committed under the Singapore law; thus, the proceeding ..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)
....ation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339. ...... that there was no proper committee for management of the debutter property. The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appea..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14