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Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....p;………........Respondents Order January 2, 2012. Result: The Civil Petition for leave to appeal be dismissed. Whether the pre-emptors owned and possessed any land contiguous to the land transferred. The schedule of the sale deed in question is an im......unsel for the respondent Nos.1 and 2 has argued to the effect that all the courts below have duly considered the Advocate Commissioner's report and also the D.P. parcha produced at a very belated stage and the other facts and circumstances and rightly found that the pathway in between the land t......e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
.... months, specific order of the chief Metropolitan Magistrate or District Magistrate, as the case may be, shall have to be obtained. Provided that the Government may, by order, revive the case at any time if the case is triable exclusively by Court of Sessions". 21. From a plain readin......al actions. We hold that, for securing the ends of justice, this Court should formally record an order about stopping the investigation. But in reality the case has already proceeded to the stage of cognizance and framing of charge. So the proper course of action would be to treat the inve......cedure, 1898 (shortly the Code, 1898) was registered as a Criminal Revision as per previous practice of this Court. 2. On that application, a Rule was issued by this Court about quashment of the proceeding of Special Case No.2 of 1993 pending in the Court of Sessions Judge and Senior Special Ju..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Somed Ali Vs. State, 2011, 40 CLC (AD)
....law. His son Rubel and others saw the dead body of his daughter at Hobiganj Hospital with a cut injury on her neck. The autopsy of Anguri Khatun was held at the hospital. Neither the petitioner nor any one of his house was present at the hospital. The dead body of Anguri Khatun was brought to the ......বেয়াই’ in the month of Jaistha and in the last part of the month of Ashwin, Khurshed Ali took her back to his house. Khurshed Ali did not return back taka 3,000.00 paid by the P.W. At one stage, Anguri Khatun through Hekmat Ali of village Baghoi, Ostagram informed the P.W. that the petit......d the petitioner guilty under section 302 of the Penal Code and sentenced him to death and acquitted the other co-accused of the charges brought against them. The learned Sessions Judge submitted the proceedings to the High Court Division under section 374 of the Code of Criminal Procedure for confi..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
.... of principle established by previous decisions which has already been found to be an erroneous one. The rule of stare decisis is not so imperative or inflexible as to preclude a departure there from any case; but its application must be determined in the light of the merit of each case and the prev......r criminal intention of the accused can only be determined with the help of evidence adduced at the time of trial since it is mental act of the accused petitioners which cannot be scaled at this stage. Mr. Khan has also submitted that each and every criminal act must be clothed with criminal in......ip;…………………(29)
The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A
Inherent power of the High Court Division to quash the proceedings
The High Court Division can exercise its inherent power to quash the proceedings in..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)
....tor) as per F.R.22(a)(i). The said application was approved by the authority and the petitioner's pay was duly fixed as per provision of F.R.22(a)(i) and he was drawing his monthly salary without any hindrance. But the respondents subsequently issued the impugned office order dated 17.12.2002 ca......t involves the assumption of duties or responsibilities of greater importance (as interpreted for the purposes of Rule 30) then those attaching to such permanent post, he will draw as initial pay the stage of the time scale next above his substantive pay in respect of the old post." But hi...... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ..Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....cted the respondent No.1. the appellate authority to admit and dispose of the appeal after receiving the statutory deposit under law. 6. This Rule is not opposed by the respondents by filing any affidavit in opposition. 7. To the appreciate the issue let us first discuss some of the...... was discharged on25-11-2008 against which the petitioner filed Civil Petition for leave to Appeal No.896of 2009 before the Appellate Division which was also dismissed on 17-11-2011. It is at this stage the petitioner moved this Division under Article 102 and obtained the present Rule. 5. M......directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....02 of 2008 under sections 409/109 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947, now pending in the Court of Metropolitan Special Judge, Dhaka, should not be quashed or any other order passed as to this Court may seem fit and proper. 2. The relevant facts for disp......of law is that to bring a case within the purview of section 561A for the purpose of quashing a proceeding, one of the following conditions must be fulfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stand......pplication filed by the accused-petitioner under section 561A of the Code of Criminal Procedure, this Rule was issued on 15-10-2009, calling upon the opposite parties to show cause as to why the proceedings of Metropolitan Special Case No.177 of 2009 arising out of Ramna Police Station Case No...Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
.... at one stage of the scuffle her daughter screamed and then her wife Anjali Rani Mitra rushed to the room and the respondent No.1 fled away pushing her back and the said occurrence were witnessed by many persons in the locality; if her wife did not rush to the spot the accused respondent would have ...... room of her daughter Mukit Mitra when she was preparing her lesson and offered a bad proposal to her; as her daughter declined, the respondent No.1 then tried to outrage her modesty forcibly; at one stage of the scuffle her daughter screamed and then her wife Anjali Rani Mitra rushed to the room an......ibunal No.1, Magura in Nari-o-Shishu Nirjatan Case No.43 of 2006 discharging the accused respondent No.1 from the charge brought against him accepting the final report and giving approval to initiate proceedings against the informant appellant under section 17 of Nari-o-Shishu Nirjatan Daman Ain, ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)
....de. 5. Considering these facts and circumstances the accused-petitioner has granted ad-interim bail at the time of issuance of the Rule and thereafter he has not misused the privilege of bail in any way, so without entering into the merit of the case the accused-petitioner should be allowed to ......isuse the privilege of ad interim bail because the accused-petitioner use to threaten the victim over telephone to withdraw the case which is enough to prove the misuse the privileges of bail at this stage. 10. In the light of the above observation we do not find any merit in the Rule and accor......the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....t admittedly he had been on the run till his surrender to the Tribunal below on 14-1-2008 and since the petitioner did not approach the High Court Division with clean hands, he is not entitled to get any relief under section 561A of the Code. 11. At the outset, we would like to dilate upon the sc......r to death. At this, she raised a hue and cry and the informant Md. Jahir Uddin, Md. Siraj, Montu and others rushed to the place of occurrence and caught hold of the accused Md. Bazlur Rahman. At one stage, the accused Md. Bazlur Rahman confessed that he had, arms and ammunitions in his possessi......equirement of sub-section(6) of section 27 of the Special Powers Act and such being the state of affairs, the petitioner was prejudiced in his defence inasmuch as he was quite in the dark about the proceedings of the case pending against him before the Tribunal below and because of the failure of ..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
.... FIR named and he was implicated in this case on the basis of the confessional statement made by FIR named accused Mizanur Rahman alias Nizam, she submits that there is nothing on record to show that any sort of transaction was made between the complainant/informant and the present petitioner. Final...... court considered the scope of section 561A of the Code of Criminal Procedure and categories of cases for quashing before the trial. It was observed:— "Interference even at an initial stage may be justified where the facts are so preposterous that even on the admitted facts no case c......n not be sole factor of quashment In a case where the accused petitioner is not FIR named and he was implicated in that case on the basis of confessional statement made by FIR named accused, the proceeding against the petitioner is liable to be quashed…….........(9) Confessio..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....dence which is being followed since the end of nineteenth century by the superior Courts of the subcontinent, the accused is to be treated as innocent until the prosecution proves its case beyond any shadow of doubt. Every man is presumed to be innocent until he is proved guilty. The defence is ......od enough to set the delinquent free and chopping the logic of preponderant probability to punish marginal innocents". This is the conception of "fair trial" or "fair deal" in our legal system. All stages of criminal proceeding in our country from arrest to Appeal touch the individual in vital mat......e delinquent free and chopping the logic of preponderant probability to punish marginal innocents". This is the conception of "fair trial" or "fair deal" in our legal system. All stages of criminal proceeding in our country from arrest to Appeal touch the individual in vital matters. Since a crimi..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
.... Result: All the Rules are discharged. Securities and Exchange Ordinance (XVII of 1969); Section 24 Where the person guilty of an offence referred to sub-section (1) is a company or other body corporate, even Director, Manager or other Officer responsible for the conduct of ......the Securities and Exchange Commission Ordinance, 1969 has been disclosed against the petitioners in it. Whether the allegations are false or true it will be decided after taking evidence and at this stage when prima-facie case have been disclosed within the mischief of section 17 of the Securities ......tly renumbered as sessions Case No.558 of 1999, arising out of complaint petition Case No.1081 of 1997 obtained the present Rules calling upon the Opposite-Party to show cause as to why the proceeding of the said sessions case should not be quashed. 2. Since the facts and questi..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....s Vs. Fajal Ahmed & others.........................Respondents Judgment November 23, 2011. Result: The appeal is allowed Adverse possession neither pleaded nor any evidence lent Adverse possession was neither pleaded nor any evidence was lent by the plain......l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......hed his greedy eyes over the suit land and consequently at his instance a Certificate Case being No.188 of 1964-65 was initiated for realization of arrear rent in respect of suit land and in the said proceeding no notice was served upon Abdul Hashem as contemplated under section 7 of the Public..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....a(5) of the said Rules, 2007 by order dated 24-4-2007. Since the appellant at the time of trial was absent, the charge could not be read over to him. 5. During trial the prosecution examined as many as six witnesses including the complainant. 6. After conclusion of trial the learned Senior......e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......cial Judge, Feni passed in the present case is liable to be set aside. He further submits that as per the cited decision admittedly there was no Commission on the date of issuance of the notice, proceeding can only be initiated at the instant of the Commission itself. He further submits that in..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....ceived the presence of two strangers in the back of his house and on his query they fired gun shot on him. Hearing the alarm raised by Yunus Ali, Atiar Rahman closed the door of the house but without any late 15-20 miscreants breaking the door with hammer had entered into the house. They rebuked the......nt of this case stated that he is the cousin of deceased Atiar, on 09-11-1998 at 11-00 PM of the night he, Sahabuddin, Yunus and deceased AtiarRahman were chatting in the bed room of Yunus and at one stage Shahab-uddin and Yunus went out of the house. At that time he heard a sound of gun shot along ......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....ber 16, 2011. Result: The appeal is allowed-in-part. Words and phrases Complete justice The term "complete justice" cannot be defined and it has no definite meaning; any attempt to define it would defeat the very purpose of such power. The expression 'complete just......09 (Annexure-A2) and to dispose of the appellants' application dated 08-10-2009 in accordance with law within 1(one) month from the date of receipt of a copy of the judgment. However, at this stage the appellants are not entitled to broadcast or transmit any telecommunication without havi......ferred by the appellants expeditiously. But the BTRC did not dispose of the said applications submitted by the appellants and consequently, the appellants had prayed for drawing up a contempt proceeding against the Chairman of the BTRC. In order to avoid contempt proceeding the BTRC vide or..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....lip;…..Opposite Parties Judgment October 19, 2011. Result: The Rule is made absolute. The land in question is not a khas land and the revenue department does not have any interest. The claim of the government has become functus officio. The government took tax from t......; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......fficer passed necessary order as well as took necessary step for giving demarcation and accordingly that on 23-4-1981 that the said officer has demarcated the land in presence both side following the proceeding. The learned Counsel further contended that the predecessor of the plaintiffs took pattan..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....rs……………………………….Respondents Judgment October 16, 2011. Result: The Rule is discharged. Whether the resolution taken by the Board of Directors of any Bank relating to total write off of loan has the binding force of law and enforceable by the Hi...... the industry. But while the project went into operation the Bank did not provide sufficient working capital for keeping the project running. The company trailed away for want of fund and at a stage became sick. Government took initiatives for revitalizing the sick industries and along the......f the decision to the borrower does not vest any right in him to claim a write off. The petitioner as of habit discovered a plea and filed this fourth writ petition just with intent to delay the proceedings of the suit. 13. The scenario of this case provides a glaring example of abuse o..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
....ard the learned Counsel appearing on behalf of the Anti-Corruption Commission and considered her submission. Under the situation we cannot even deal in minute details whether or not the FIR discloses any offence as alleged against the accused-petitioner since it is apparent that at a very initial st......IR the petitioner on 5-4-1993 voluntarily surrendered before the Chief Metropolitan Magistrate, Dhaka and prayed for bail which was rejected and he was sent to the custody. 6. It is at this stage the accused-petitioner moved this Division under section 561A of the Code of Criminal Procedur......rate Court, Dhaka against the petitioner in Motijheel Police Station Case No.19(3) 1993 should not be quashed. 2. At the time of issuance of the Rule the accused-petitioner obtained bail and the proceeding as stayed. 3. The facts leading to the Rule in short are as follows: One Mr. AK..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
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