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Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)
.... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ...... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ...... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
.... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ...... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ......ure and for argument; even the record does not show that the accused, who are present before the Court, were examined under Section 342 of the Code of Criminal Procedure. 9. In view of the above facts and, circumstances the above part of explanation of the learned Judge is not satisfactory and ..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....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: 18 BLC (AD) (2013) 44. ......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: 18 BLC (AD) (2013) 44. ......anganj in Title Appeal No.193 of 2002 reversing those dated 14-10-2002 passed by the learned Joint District Judge, First Court, Narayanganj in Title Suit No.84 of 1998 decreeing the suit. 2. The facts giving rise to this civil petition for leave to appeal, in short, are:— The petitioners..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ......reconstitution is made under sub-section (3) may appeal to the Government, within thirty days from the date of such order, and the decision of the Government shall be final and shall not be called in question in any Court.” 10. Under the said provisions the registration authority is autho......y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
AKM Muhituddin and others Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
.... 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 ......rit Petition Nos.7410 with 8900 of 2012. Judgment Md. Ashfaqul Islam J. — Both the Writ Petitions are taken up together and disposed of by a single judgment as there involved a common question of law and fact. 2. In both the writ petitions, the Rule was issued asking the respond...... 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 ..Category: Fiscal/Taxation Law | Date: 28 Nov, 2012 | Hits: 2
Bengal Techno Leather Ltd Vs. Islami Bank Bangladesh Ltd, 2012, 41 CLC (HCD)
....defend the suit (by filing written statement, supported by affidavit within 17-1-2013). Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 179 ......cheme of Order XXXVII is summary one and a departure from the procedure provided for ordinary suit. In the instant case there being no application filed within time mentioned in the summons, the question of granting leave does not arise. On the failure of the defendant to obtain the Court's...... submission of the learned Advocate that the observation made in para 4, in a Writ Petition No.577 of 2004, is mere obiter dicta and as such the same is liable to be distinguished from the facts and circumstance of the present case. 7. Having considered the provision of Order XXXVII ..Category: Administrative Law | Date: 28 Nov, 2012 | Hits: 5
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ......1 referring to the decision of the Central London Property Trust Ltd Vs. High Trees House Ltd. (1947)1 KB 130 this Division held that the Government's decision on agreement to release the Mill in question cannot be changed with a belated plea that the decision had been revised by the Government ......ither holders of constitutional post nor employees of any statutory post nor performing any duty of public character nor Government servants and, as such, the writ petition in view of above facts and circumstances is not maintainable in its present form and manner and, as such, the impugne..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....we find no other alternative but to dismiss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ......e that the respondent of Civil Appeal No.327 of 2008 as writ-petitioner (hereinafter referred to as the petitioner) filed Writ Petition Nos. 459 of 2005 before the High Court Division calling in question the order of punishment dated 30-11-1997 passed by writ-respondent No.2, appellant No.3 her......BPATC on 14-12-97. The appeal was rejected on 18-1-1948. After receipt of the aforesaid appellate order dated 18-1-98 and on bonafide belief, the petitioner's appeal was not considered on its own facts and circumstances, he made several representations, one after the other, but there was no..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ......ordance with law and it is not liable to be set aside. The respondent No.1 committed gross professional misconduct and the judgment and order of the Tribunal was passed in accordance with law and the question of writing the word "Advocate" before becoming an Advocate and the observation th...... justice pure and unsullied" so also to enable it to administer justice fairly and to the satisfaction of all concerned. The primary duty of the Advocate is to inform the Court as to the law and facts of the case and to aid the Court to do justice by arriving at correct conclusion. Since the Co..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......tory, failure to comply with which are not to be treated to be fatal. 32. Whether a particular command, expressed in a primary or secondary legislation, conveys mandatory direction or not, is a question of construction. In resolving the dichotomy, we are required to detect the intention of the......ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Mohammad Ullah Ashraf Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ......thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ......thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....ceeding is unwarranted 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) 41 ......g, Senior Advocate with Md.Khurshid Atom Khan—For the Opposite-Party No. 2. Criminal Revision Case No.01 of 2013. Judgment Abdul Awal J.- In this revision application two crucial questions are involved. (i) Whether the proviso of section 188 of the Code of Crimina...... of Tarique Rahman Vs.Bangladesh, reported in 63 DLR (AD) 18. Regarding the observations of the said case, he placed before us paragraph Nos. 44 and 45 as reproduced below:-- “44. From the facts and circumstances of the instant case we are of the opinion that the principle of 'ex post..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Jamila Khatun Vs. State, 2012, 41 CLC (AD)
....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. ...... day of October, 2009 passed by the High Court Division in Criminal Miscellaneous No.29242 of 2009). Judgment Md. A Wahhab Miah J.- In this petition, the accused-petitioner has called in question the order dated the 11th day of October, 2009 passed by a Division Bench of the High Court......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. ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......en modified andsubstituted by transportation for life (now imprisonment for life). Their Lordships made it clear that they were not laying down any precedent which can be applied to every case when a question of commutation of death sentence was considered on account of age of the accused. Neverthel......een the condemned petitioner and the victim and her family which has triggered the action of the accused. 14. In the case of Nalu Vs. State reported in 1 Apex Law Report’s (AD) 222, where the facts were similar, with similar mitigating circumstances, this Division commuted the sentence of de..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
.... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ......een taken without lawful authority and is of no legal effect. In the writ petition, a direction was also sought for upon the writ-respondents to produce both the Bangla and the English version of the question papers for the admission test of MBBS and BDS (Government and Non-Government) held on 30-9-......ition inasmuch as the writ petition was not maintainable as the writ-petitioners were not personally aggrieved persons and the issues involved in the writ petitions also involved disputed question of facts adjudication of which could not be embarked upon in a summary proceeding under article 10..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
.... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ......2nd Artha Execution Case on the ground of maintainability. 10. In deciding this point, I feel it necessary to quote here the relevant provisions of law for having a better view of the dispute in question. 11. Section 28 of the Artha Rin Adalat Ain, 2003 reads as follows:— ২৮...... appeal and thereby setting aside the judgment and order dated 14-9-2005 passed by the Artha Rin Adalat No.1, Bagerhat in Artha Execution Case No.111 of 2005 should not be set aside. 2. Material facts of the case, briefly, are that the opposite-party No.1, Rupali Bank Ltd represented by the Man..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ...... Sadar, Chittagong dismissing the pre-emption case under section 24 of the Non Agricultural Tenancy Act or in the alternative under section 96 of the State Acquisition and Tenancy Act. 2. The facts, leading to this appeal, are precised below: The appellants as the pre-emptors filed Mis..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ......hat either under section 33(5) or 33(7) of Ain for any certificate has been issued, the Execution proceeding as per section 33(9) of Ain has been finally disposed of. The petitioner could have raised question of non-compliance of section 33(7)(Ka) of Ain by the respondent-bank in the execution ......order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ......) Statement must be voluntary Before recording a confession, a Magistrate is bound to make a real and substantial enquiry as to the voluntariness of the confession. In so doing, he must put questions to the accused with a view to finding out the real object of the confession, whether it is......State reported in 1 MLR 164. 18. Lastly, Mr. Md. Hatem Ali submits that if the conviction is maintained by this Court, the death sentence of Tipu may be commuted to life-term imprisonment in the facts and circumstances of the case. 19. Mr. Md. Bahar Uddin Al-Razi, learned Advocate appearin..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....six) methods in determining the value of the imported goods i.e. (1) transaction value, the price actually paid or payable (rute-4) and if such valuation is not possible then (2) transaction value of identical goods (rule-5), then (3) transaction value of similar goods (rule-6), then (4) deductive v......lue Method" in ignorance of the CRF certificate, relevant laws and rules shall not be declared illegal, without lawful authority and is of no legal effect and as to why the value of the goods in question shall not be determined in accordance with the CRF certificate and also as to why the respo...... hold that the instant petition is maintainable. 19. We also hold that the decision cited by the learned Deputy Attorney-General, (where one of us was a party) is a fit case to apply in the facts and circumstances of that case. But where there is a flagrant departure from the rules to be f..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
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