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Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e's Republic of Bangladesh, the respondents have been called upon to show cause as to why the impugned Memo No.বাজাবস/নথি-১/২০১২/কানিপানি/১৫/১২ dated 16-5-2012 (Annexure-I) issued by the respondent No.3 should not be declared to have been passe......d by the Election Commission. The petitioner submitted nomination paper on 15-5-2012 (Annexure-F) for contesting the post of President. It also appears from Annexure-G that respondent No. 3 vide notice dated 15-5-2012 had fixed 16-5-2012 for scrutinization of the nomination papers of the contes......¦ªà¦¾à¦¨à¦¿/১৫/১২ dated 16-5-2012 (Annexure-I to the writ petition) to resolve the dispute over the complaint dated 14-5-2012, to prepare fresh electoral roll through the Administrator and to formally submit the same before the Election Commission. 3. The “বাংলাদেশ..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
AKM Muhituddin and others Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
....in specified time limit. 5. In both the rules petitioners were directed to file a Review Application under Rule 23 of the Pre-Shipment Inspection Rules, 2002 within 21 working days from the date of release of the goods. 6. The law is very much clear on the point in respect of Rule 23 ...... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ......n both the petitions and absolutely in terms of Rule as issued. 4. At the time of issuing Rule this Division directed the respondent No.2, Commissioner of Customs, Customs House, Chittagong for assessing and release the goods covered under different Bills of Entry on payment of custom..Category: Fiscal/Taxation Law | Date: 28 Nov, 2012 | Hits: 2
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....;For the Appellant. SM Rezaul Karim, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondents. Civil Appeal No.12 of 2010 (From the judgment and order dated 3-11-2008 passed by the High Court Division in Writ Petition No.2919 of 2006) Judgment ......various decisions in the case of UP Power Corporation Ltd Vs. Sant Steels & Alloys (P) Ltd, AIR 2008 SC 693 observed as under: "17. In this background, in view of various decisions noticed above, it will appear that the Court's approach in the matter of invoking the principle ......621 at page 644; State of Rajasthan Vs. Mahaveer Oil Industries (1999) 4 SCC 357 at page 365;Sales Tax Officer Vs. Shree Durga Oil Mills (1998) 1 SCC 572; Council of Civil Service Unions Vs. Minister for the Civil Service (1984) 3 All ER 935; Sethi Auto Service Station Vs. Delhi Development Authorit..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....Respondent. Ex-Parties- For the Respondent No.2. Civil Appeal No. 323 of 2008. Judgment Md. Muzammel Hossain CJ. - This appeal by leave is directed against the judgment and order dated 20.03.2006 passed by a Division Bench of the High Court Division in First Miscellaneous Appeal......al, Land Records and Sujvey Department, Dhaka on 13.11.2000 making allegations against the respondent No.1. An enquiry was held by one Mahbub Mowla, Assistant Settlement Officer, Sudharam, who issued notices upon the parties including the respondent No.1 on 27.02.2001. The complainant-appellant in c......error apparent on the face of the record exists. It is not the re-hearing of the main appeal. In a review, a Court is not empowered to change the decision taken in the main judgment. It is only meant for correction of clerical error or mistake on the face of the record………&hellip..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....djudication, issued on 17.10.2012 was in following terms: “Let a Rule be issued calling upon the opposite party to show cause as to why the proceedings of Ramna Police Station Case No. 22 dated 10.07.2008 corresponding to G. R. No. 359/2008 under section 26(2) and 27(1) of the Anti Corru......for Environment and Forest and is a presidium member of Bangladesh Awami League. On 15th November 2007, the Anti Corruption Commission (henceforth referred to as “the ACC”) issued a notice under Section 26(1) of the Anti Corruption Commission Act 2004 (“the ACC Act”) as......is court may seem fit and proper.” 2. Averments figured by the petitioner, in his application invoking Section 561A of the Code of Criminal Procedure, seeking quashment of the aforementioned proceeding are briefly, scripted below; The petitioner is a former Minister for ..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Mohammad Ullah Ashraf Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....nt no. 1. Md. Shamsul Huq, Advocate-For the Added Respondent No. 7. Writ Petition No. 6490 of 2010 Judgment Md. Ruhul Quddus J.- This rule nisi at the instance of an aspiring candidate for appointment as Nikah Registrar was issued to examine the legality of a panel of three candi......fter called the Rules, 2009) came into force on 10.8.2009 repealing the previous Rules i.e. Muslim Marriage and Divorce (Registration) Rules, 1975. Under the new Rules the District Registrar issued a notice inviting applications for granting license of Nikah Registrar for some areas including the sa......oner Vs. Bangladesh and others…………...Respondents Judgment November 28, 2012. Result: The Rule is discharged. Lawyers Involved: Md. Ozi Ullah, Advocate-for the petitioner. Goutam Kumer Roy, Deputy Attorney General with Ms. Jesmin Sultana Samsad, A..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....thorough scrutiny of the relevant laws is needed for which I am inclined to issue Rule. 4.Hence, Let a Rule be issued calling upon the opposite-parties to show cause as to why the impugned order dated 18-10-2012 passed by the learned Special Judge, Court No. 3, Dhaka, in Special Case No. 17 of ......no further sanction of the government has been made required or mandatory to try such case or offence committed in Singapore i.e. outside Bangladesh and that it is implied that the government has the notice of the sanction accorded by the Anti-Corruption Commission for proceeding with the instant ca......grani Bank, 14 BLD (AD) 196 = 46 DLR (AD) 174; Kalepada Shaha Vs. State, 37 DLR (AD) 135; Delowar AM Khan Vs. Sajadul Haque, 38 DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram. AIR 1965 (SC); Enforcement Vs. Dipok Mahajon, 3 (SCC) 440 and State Vs. Ram Saran, 12 SCC 578. Lawyers Involved:..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Jamila Khatun Vs. State, 2012, 41 CLC (AD)
....i Md. Wahidullah, Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. Criminal Petition for Leave to Appeal No. 88 of 2010. (From the judgment and order dated the 11th day of October, 2009 passed by the High Court Division in Criminal Miscellaneous No.......m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ...... The leave petition is dismissed. Lawyers Involved: Mvi Md. Wahidullah, Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. Criminal Petition for Leave to Appeal No. 88 of 2010. (From the judgment and order dated the 11th day of October..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... Adjudication issued on 02.11.2011 was in the following terms: "Let a Rule Nisi issue calling upon the respondents to show cause as to why the order Vide Memo No.38.210001.01.019. 2011/233, dated 3-7-2011 (Annexure-E) issued by the Director (Monitoring-2), Compulsory Primary Education Impl......ry into the matter and on 2-3-2010 submitted a report in favour of the petitioners. However, on 11-10-2010 by a Telephonic direction of a Deputy Director (CPE), the Upazila Education Officer issued a notice upon the petitioners to attend his office on 19-10-2010 with relevant documents. On that very......chool made a complaint to respondent No.1 in respect to some irregularities against the petitioners. Upon receipt of the said complaint, on 19-11-2009, a Deputy Secretary on behalf of respondent No.1 forwarded the same to the Director General of Compulsory Primary Education implementation Experiment..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
....l Haq, Senior Advocate instructed by Md. Habibur Rahman Miah, Advocate-on-Record— For the Respondents. Civil Petition for Leave to Appeal No.1953 of 2012. (From the judgment and order dated the 5th day of June, 2012 passed by the High Court Division in Writ Petition Nos.8556 with 892......aily newspaper "The Daily Jugantar" on 9-10-2011 outlining the issues of said errors and anomalies in the MBBS and BDS admission test held on 30-9-2011. On 11-10-2011, a demand justice notice was served upon writ-respondent No.3 outlining the errors and anomalies to which he did not m......y B Hossain, Advocate-on-Record—For the Petitioners. Muzammel Haq, Senior Advocate instructed by Md. Habibur Rahman Miah, Advocate-on-Record— For the Respondents. Civil Petition for Leave to Appeal No.1953 of 2012. (From the judgment and order dated the 5th day of June, 20..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....f 2010. Judgment Md. AshfaquI Islam J. - At the instance of the petitioner, Md Azizur Rahman, this Rule Nisi was issued calling upon the respondents to show cause as to why the Order No. 19 dated 9-9-2009 (Annexure-D-2) issued by the Joint District Judge and Artha Rin Adalat, 1st Court, Je......#39; (2) property in the plaint. The suit was decreed ex-parte on 13-6-2007. The decree was put into execution in Artha Execution Case No.11 of 2008. In the execution Case pursuant to an auction notice under section 33(1) of Artha Rin Adalat Ain, 2003 (hereinafter referred to as Ain) auction wa....................Petitioner Vs. Bangladesh and others... .............Respondents Judgment November 20, 2012. Result: The Rule is discharged. Restoration to section 19 for setting-aside the ex-parte decree After passing of the impugned order, the petitioner for t..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....al No.1205 of 2007 and the Jail Appeal Nos.281 of 2007, 291 of 2007 and 303 of 2007, at the instance of the condemned-prisoners, are directed against the judgment and order of conviction and sentence dated 03-04-2007 passed by Mr. SM Solaiman, Additional Sessions Judge, 6th Court, Dhaka in Sessions ......rious infirmity entitling them to an order of acquittal. 12. Mr. Md. Afzal Hossain also submits that although the confessional statements of the accused Shahid and Khorshed were brought to their notice at the time of their examination under section 342 of the Code of Criminal Procedure; ye......ure, a mandatory provision of law It is a settled principle of law that the requirement of adherence to the provisions of section 164(3) of the Code of Criminal Procedure is not a mere matter of form but of substance. Section 164(3) is a mandatory provision of law as has been settled by the Pri..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....upon the respondents to show cause as to why the assessment of the Customs duty and other charges of the imported goods of the petitioner covered under the Letter of Credit being No.108111010300 dated 20-9-2011 Invoice No.2011/2703/EXP dated 21-10-2011, dated CRF No.BVIIIdop 29 dated 27-10-2011......mitted any palpable wrong without doing the assessment in keeping with the valuation Rule, 2000. 17. On the question of maintainability the learned counsel for the petitioner brought to our notice the decision of Commissioner of Customs Vs. Cab express (ED) Ltd reported in 64 DLR (AD)100 w......General with Pratikar Chakma, Assistant Attorney-General—For the Respondents Writ Petition No.59 of 2012. Judgment Md. Ashfaqul Islam J. - Let the supplementary-affidavit be formed part of the main application. 2. At the instance of the petitioner, Mohammad Amirul Isla..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ade a defendant therein. Ultimately the suit was decreed exparte on 29.10.1991. In an execution case, the executing Court refused to execute the sale deed on setting aside the exparte decree by order dated 22.4.1992 passed suo motu under section 151 of the Code of Civil Procedure. Sheikh Ali Ahmed f......……..................Petitioner Vs. Bangladesh and others ………...Respondents Judgment November 18, 2012. Result: The Rule is made absolute. Legality of a notice under section 5 (1) of the Government and Local Authority Lands and Buildings (Recovery of Po......of Possession) Ordinance, 1970 (Ordinance 24 of 1970) When a suit is pending between the parties, wherein an order of temporary injunction restraining the Government and its allottee is still in force and the petitioner’s claim of title is backed by a registered deed of conveyance, her posses..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....us Samad Azad, Advocate—For the respondent No.1. First Miscellaneous Appeal No. 165 of 2011. Judgment Sheikh Abdul Awal J.- This appeal is directed against the judgment and order dated 28-5-2005 passed by the learned Joint District Judge, 2nd Court (in-charge), Gazipur in Miscel......change in order to defeat the right of pre-emption of the petitioner. The pre-emptor is a co-sharer of the case holding and the pre-emptee opposite-party Nos.1 and 2 are stranger to the case land. No notice of transfer was served on him, the pre-emptor needs more land and hence, the case. 3. Th............Respondents Judgment November 14, 2012. Result: The appeal is allowed. Re-admit of Appeal- Whether the appellant was prevented by sufficient cause from appearing before the Court- The question of considering the matter of re-admission of an appeal before a Co..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
.... Humayun, Senior Advocate, Fazlee-nor-Tapash, Advocate, instructed by Zahirul Islam, Advocate-on-Record—For the Respondent. Criminal Appeal No.20 of 2005. (From the judgment and order dated 15-6-2005 passed by the High Court Division in Criminal Appeal No.3850 of 2003) Judgment......th Belal and then she was suffocated to death by strangulation. It is further contendÂed that the trial court erred in law in believing Yunus Chowdhury (P.W.9) as a reliable witness in failing to notice that he was examined by the police for the first time in 1995; that despite his belated exam...... charge against the accused beyond shadow of doubt. In respect of a spouse killing case, where the victim was in the company of the husband or the wife, the spouse is under an obligation to account for the cause of death and a special onus lies upon him/her to prove the cause of death and in the ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
....sain Humayun, Senior Advocate, Fazlee-nor-Tapash, Advocate) instructed by Zahirul Islam, Advocate-on-Record- For the Respondent. Criminal Appeal No.20 of 2005 (From the judgment and order dated 15.6.2005 passed by the High Court Division in Criminal Appeal No.3850 of 2003) Judgment......with Belal and then she was suffocated to death by strangulation. It is further contended that the trial court erred in law in believing Yunus Chowdhury (P.W.9) as a reliable witness in failing to notice that he was examined by the police for the first time in 1995; that despite his belated exam...... be taken to be true as against himself. A confession duly made and satisfactorily proved is, in general, sufficient to warrant a conviction without corroboration.……………………(5) Before discarding any confession, the trial court needs to consider the ground that the confession wa..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....pondents (In Civil Petition No.2198 of 2011) Civil Petition for Leave to Appeal No.2199 of 2011. With Civil Petition Nos.1671-1672 and 2198 of 2011. (From the judgment and order dated the 10th day of February, 2011 passed by the High Court Division in First Appeal No.357 of 200......leting training, he came back to this Country and again joined C & B and was promoted as the Executive Engineer. At that time, the then Dacca Improvement Trust (DIT) now RAJUK published notice for allotment of plots at Gulshan Model Town for 99 years. Engineer Shamsul Kabir Humayun Rez......Advocate-on-Record—For the Respondents (In Civil Petition Nos.2199 & 1671-72 of 2011) None represented—For the Respondents (In Civil Petition No.2198 of 2011) Civil Petition for Leave to Appeal No.2199 of 2011. With Civil Petition Nos.1671-1672 and 2198 of 2011...Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....Negotiable Instruments Act, 1881 [XXVI of 1881]; Section 138 The cheque was dishonored for insufficient fund; and legal notice was issued and served on 7-9-2009 and within next 30 days from the date of cause of action, the case was filed on 7-10-2009. The question of prematurity does not arise......t November 11, 2012. Result: The Rule is discharged. Negotiable Instruments Act, 1881 [XXVI of 1881]; Section 138 The cheque was dishonored for insufficient fund; and legal notice was issued and served on 7-9-2009 and within next 30 days from the date of cause of action, t............Opposite Party Judgment November 11, 2012. Result: The Rule is discharged. Negotiable Instruments Act, 1881 [XXVI of 1881]; Section 138 The cheque was dishonored for insufficient fund; and legal notice was issued and served on 7-9-2009 and within next 30 days fr..Category: Others | Date: 11 Nov, 2012 | Hits: 8
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Civil Revision No. 4890 of 2010
Judgment
Soumendra Sarker J.- This Rule have been issued calling upon the opposite party No.1to show cause as to why the impugned judgment and decree dated 07.07.2010 and 12.07.2010 respectively passed by the learned Special District Judge and Judge,......e plaintiffs since he was the appointing authority of the plaintiffs. The impugned order of termination was mala fide, illegal and without jurisdiction and the order was passed without any show cause notice, offering the plaintiffs an opportunity to show cause and without any proceedings they were i......ation; the plaintiffs filed the original suit with a declaration that the impugned order of termination is void, illegal and without jurisdiction and the plaintiffs are still in service with a prayer for mandatory injunction.
3. The contrary case of the defendants in brief is such that the suit..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
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