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Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)
....in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......e the note unless there was a contract between the two appellants. It also indicates that they were having knowledge of the forged or counterfeit note. But it is the established principle of criminal law that to award punishment upon a person, law must be construed strictly and the charge brought ag..Category: Criminal Law | Date: | Hits: 111
....e", which has been substituted therein by section 4 of the Local Government (Upazila Parishad and Upazila Administration Re-Organisation) (Third Amendment) Ordinance, 1989 making thereof, among other provisions, a Chairman of a Union Parishad shall be disqualified from election as, or, for being a C......and 31 of the Constitution, is unconstitutional. It is stated that the amending Ordinance, 1989 is a mala fide piece of legislation, because there was/is neither any popular demand nor any warrant in law to promulgate it in haste on 14.12.89 when the winter session of the Parliament was expected t..
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
....e petitioner, submits that the District Court includes not only the Court of the District Judge, but also the Court of the Subordinate Judge as the jurisdiction of each of them extends subject to the provision of section 15 of the Code to all original suits cognizable by civil courts. In this conn......d Commercial Court No.1, Dhaka had no jurisdiction to entertain the certified copy of the decree in question. So the learned Subordinate Judge and Commercial Court No.1, Dhaka committed no error of law in passing the impugned order. In this connection Mr. Kh. Mahbubuddin Ahmed, the learned Advocat..Category: Procedural Law | Date: | Hits: 168
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....perintendent have not been upgraded from Taka 2250-4735 to Taka 2550-5505 even though it is equal to the Auditor and Superintendent in the Ministry of Finance which is discriminatory and violative to provision of Constitution and therefore illegal and without lawful authority. 11. The learned Adv......শিম/শাঃ/৫-বি-6/2005/244 dated 4-6-2009 ( Annexure A) issued by respondents No.6 and impugned letter dated 13-4-2009 (Annexure-A-1) should not be declared to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Administrative Law | Date: | Hits: 421
Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... Motijheel Police Station under sections 420/467/468/471/511/109 of the Penal Code read with section 5(2) of Prevention of Corruption Act, 1947 (Annexure-B) against the petitioner in violation of the provisions of section 32(1) of the Anti-Corruption Commission Act, 2004 now pending before the Court......entary affidavits filed in both the writ petitions be formed part of the main petitions. 2. Both the writ petitions are taken up together and disposed of by a single Judgment as common question of law is involved in both the writ petitions. 3. In writ petition No.8362 of 2009 and writ petition..Category: Criminal Law | Date: | Hits: 89
Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
.... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ......of title of Zitu Beg in the suit land, particularly when Koresh Beg, father of Zitu Beg is the CS recorded tenant vide Exhibit 2(Kha) and thus, I find that both the Courts below committed an error of law resulting in an error in the decision occasioning failure of justice in their Judgments and decr..Category: Property Law | Date: | Hits: 103
Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
....s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ......endant No.1. On 4-5-1995, defendant No.1 filed an adjournment prayer, which was rejected and the suit was fixed on 10-4-1995 for order. On 10-4-1995, the ex parte decree was passed in accordance with law. 9. Both parties adduced evidence and the learned Subordinate Judge dismissed the miscellaneo..Category: Procedural Law | Date: | Hits: 170
Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)
....lso submits that the impugned order passed by the learned Judge of the Adalat is based on the materials on record. He further submits that the instant writ petition is not maintainable in view of the provisions of section 41 of the Artha Rin Adalat Ain, 2003 and as such, the rule is liable to be dis......uit No.45 of 2003 reside together in the same house. Defendant No.5 is the mother of defendants Nos.2-4 of the Artha Rin Suit. Being satisfied, with the services of summons/notices in accordance with law, the learned Judge of the Adalat fixed a date for ex parte hearing of the suit on 1-9-2007. Defe..Category: Civil Law | Date: | Hits: 157
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ons 2(ট)(আ)(ই)/4(2) the Money Laundering Prevention Act, 2009 pending before the Court of the learned Metropolitan Senior Special Judge, Dhaka. The Parliament cannot enact any law violating the provisions of Article 7(2) and 26(2) of the Constitution. The 8th Parliament passed Money Laundering......ental rights of the petitioner guaranteed under Article 44 and 35(1) of the Constitution of the People's Republic of Bangladesh should not be declared to have been initiated and continued without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Criminal Law | Date: | Hits: 112
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
....ng in the year 1983 as an external candidate from Chittagong City College bearing Roll No.15946. Registration No.882 in the year 1982-83 and passed in the 2nd Division and accordingly he obtained the provisional certificate in Bengali and subsequently original certificate translated in English on 4-......oner and taken punitive action against him which was communicated to the petitioner by the respondent No.5 vide Letter dated 31-3-2006, Annexure-G(1) should not be declared to have been taken without lawful authority and is of no legal effect and why they shall not be directed to turn back the origi..Category: Others | Date: | Hits: 186
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ll these petitions a common ground has been taken by the petitioners that without approval of the government i.e. sanction of the government FIR was lodged against the petitioners in violation of the provision of section 32(1)(2) of the Anti-Corruption Commission Act which cannot be sustained under ......etition Nos. 4206, 5067, 4202 and 4207 of 2009. Judgment Md. Ashfaqul Islam J.- Writ petition Nos.4206, 5067, 4202, 4207 of 2009 are heard together and disposed by a common question of fact and law. 2. In writ Petition No.4206 of 2009 initiation of Tejgaon PS Case No. 53 dated 19-3-2009 und..Category: Criminal Law | Date: | Hits: 107
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......is no evidence on record, the High Court Division embarked upon an inquiry as to the identity of the suit land and the land of deeds of sale and came to a wrong finding and as such committed error of law. 10. Mr. Syed Amirul Islam, learned Senior Advocate appearing on behalf of respondent Nos.1-..Category: Civil Law | Date: | Hits: 186
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......vil petition for leave to appeal before this Division. 5. Mr. Md. Nurul Amin, learned Advocate appearing on behalf of the leave-petitioners, submits that the High Court Division committed error of law in affirming the judgment and decree passed by the appellate Court without taking into considera..Category: Property Law | Date: | Hits: 101
Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)
....by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ...... Division and obtained Rule Nisi. After that, the High Court Division made the Rule absolute declaring that the action of the Government treating the respondent’s house as abandoned was without any lawful authority. 4. Being refused by the concerned Authority in mutating her name in the record..Category: Property Law | Date: | Hits: 121
Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)
....ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......rasion on the dead body. He further stated that because of blood pressure the victim’s heart was enlarged and because of enlargement of heart, a man can die. 9. P.W.7 Anwara Akhter, daughter-in-law of victim Shona Mia stated that on the date of occurrence there was an altercation between her f..Category: Criminal Law | Date: | Hits: 101
SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)
.... very initiation of the case is illegal, as the first information report was lodged by a private person who himself is an interested person. He further submits that except following the mandatory provision of Special Law i.e. Anti-Corruption Rules, 2007 no person can initiate or investigate the ......Anti-Corruption Commission Rules, 2007 is applicable only in the case of any officer of the Anti-Corruption Commissioner, who lay the trap and conduct the trap operation only. But this provision of law being a special law like Anti-Corruption Commission Rule, 2007 or section 20 or 17 of the Anti-C..Category: Criminal Law | Date: | Hits: 111
Commissioner of Customs, Chittagong Vs. Tectonics and others, 2010, 39 CLC (HCD)
....nuddin, the learned Advocate for respondent No.1 appearing with Mr. Munshi Moniruzzaman submits that the Customs Act, 1969 (in short, the Act) is a special law and in section 194 D of the Act special provision has been made for filing an appeal before the High Court Division within 90 days from date...... the Customs Appeal. 5. In reply, Mr. Aminuddin, the learned Advocate for respondent No.1 appearing with Mr. Munshi Moniruzzaman submits that the Customs Act, 1969 (in short, the Act) is a special law and in section 194 D of the Act special provision has been made for filing an appeal before the ..Category: Procedural Law | Date: | Hits: 111
....the plaintiff and defendant is employer and employee and as such the learned Joint District Judge committed illegality in rejecting the plaint of the suit. He thereafter has submitted that as per provision of section 110 of the Banking Companies Act, 1991 and as per section 21 of the Penal Cod......erred this appeal.
7. Mr. Golam Arshed with Mr. Serajul Haque learned Advocate appearing on behalf of plaintiff-appellant have submitted that the learned Joint District Judge committed an error of law rejecting the plaint on the finding that the suit is barred under section 42 of the Specific Rel..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....ether the execution case may be filed after preliminary decree. 22. It has been decided by this Division by judgment dated 29-8-2007 passed in Writ Petition No.3672 of 2004 in consideration of the provisions of section 5(3)(4) of the Ain that in a suit for recovery of loan by sell of mortgage p...... It is hardly believable that she was not aware about the said suit as all other directors of the Company contested the suit. Summons were duly served upon the defendant-petitioner in accordance with law. Certificate of title has also been issued in favour of the Bank under section 33(7) of the Ain ..Category: Civil Law | Date: | Hits: 269
....nishment under Article 11 of P.O.No.148 of 1972. Discharge from service is not a punishment mentioned in Article 11 of P.O.No.148 of 1972.
14. By an amendment called the Bangladesh Rifles (Special provisions) Ordinance, 1976 (Ordinance No. LXXXV of 1976) it was provided in section 3 thereof t......tion Nos. 416, 438 and 452 of 1986.
Judgment
Mustafa Kamal J.- These 3 Writ petitions have been heard together and as they arise out of a common occurrence and involving the same questions of law they will be disposed of by this common judgment.
2. The petitioner in Writ petition No.416 o..
Category: Others | Date: | Hits: 167
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