Search Options
Judgment Advanced Search
Displaying 281-300 of 7133 results.
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....urder and with that intention they were following the movements of the deceased......their act of commission of murder was premeditated, cold-blooded and so brutal that they deserve no mercy and justice demands adequate and proper punishment which has been awarded". 21. In the instant......rmant) (P.W.1), Md. Tajul Islam (P.W.2), Abdul Jalil (P.W. 7), Md. Babul Mia (P.W.5) and others saw the occurrence through the glass window. They informed the matter to Uttara Police Station and accordingly police came to the place of occurrence. The accused opened the door and police arre......gth of period spent by a convict in the condemned cell is not necessarily a ground for commutation of the sentence of death. However, where the period spent in the condemned cell is not due to any fault of the convict and where the period spent there is inordinately long, it may be conside...... now and then on the ground that his wife used to lead an immoral life and she was a woman of questionable character. Milon Akhter (deceased) used to live in the same mess with her husband, father-in-law, mother-in-law, brother-in-law, elder brother-in-law and son. The informant used to live on the ..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
....e impartiality and integrity of a judge or making sarcastic remarks about his judicial competence is also a contempt. Conduct or action causing obstruction or interfering with the course of justice is a contempt, To prejudice the general public against a party to an action before it is hea......Planning has taken necessary steps in pursuant to the said judgment and took legal opinion from Ministry of Law, Justice and Parliamentary Affairs and after obtaining legal opinion has proceeded accordingly and none of the contemnors have committed any contempt of Court. 13. The allegation......Encadrement of the Non-Cadre Family Planning Office's— Encadrement of the non-cadre family planning office's appointed after 1985 in the cadre service but if the government decides to cadre them in the cadre, their seniority is to be fixed by following BCS Seniority Rules, 1983. ...... have to be followed in determining seniority of the said non-cadre officers appointed, after 1985 and in that score if anyone is aggrieved by the decision of the government may take recourse of law in an appropriate forum, if so advised…….(54) Cases Referred to- Go..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
....suit for default for not taking step.
8. From the impugned judgment, it appears that the High Court Division set-aside the judgment and decree of the trial Court invoking the concept of complete justice which is available only to this Division under article 104 of the Constitution of the People......and on this date on the prayer of the plaintiffs hearing was adjourned to 15-10-2003. On 15-10-2003, the plaintiffs in their hajira stated in writing that they would not examine further witnesses and accordingly, the trial Court fixed the next date on 4-11-2003 for the defendant’s witnesses. On 4-......In Civil Petition No.928 of 2009).
Md. Nurul Amin, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondents (In Civil Petition No.1041 of 2009).
Civil Petition for Leave to Appeal No.928 of with No.1041 of 2009.
(From the judgment and order dated the 19th day of Fe......ruary, 2009 passed by the High Court Division in First Appeal (FA) No.42 of 2006)
Judgment
Md. A Wahhab Miah J. - In these two leave petitions, parties being the same and common question of law being involved, they have been heard together and are disposed of by this common judgment.
..
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....posal of the case. 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) 278. ......e decision of the Committee by inserting the decision of allotting the plot to Moklesur Rahman. Two members of the Allotment Committee raised objection about the said illegally inserted decision, and accordingly the matter was enquired into by the Anti-Corruption Bureau and when the prima-facie......istent criminal case by invoking section 561A of the Code of Criminal Procedure does not arise at all……..... (11) Section 561A of the Code of Criminal Procedure can not be utilised to quash an investigation work of the police........(12) Cases Referred to- Abdul Huque Vs......ting point of criminal case A criminal case starts from the stage of taking cognizance. Unless cognizance is taken, the FIR named suspected persons are not accused before the court in the eye of law. Non-existent case can not be quashed When no criminal case exists before the date of..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
....ning the proportionality of the period of imprisonment comparing (sic) with the amount of fine, hence there are reasonable grounds for reconsidering this issue by this Court for doing complete justice under Article 104 of our Constitution in favour of the petitioner considering his social st......e court of appeal below be maintained. The High Court Division acted illegally so far it relates 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: 65 DLR (AD) (2013) 296. ...... can only be done on the ground of an error apparent on the face of the record. The review of judgment or order passed by the Appellate Division in a civil proceeding may be done on grounds similar to those mentioned in Order XLVII, rule 1 of the Code of Civil Procedure. In the Code of Criminal ......ng (sic) and adequate so far it relates to the fine imposed upon the petitioner but still the sentence of simple imprisonment for a period of 1(one) year is rigorous and the maximum sentence under law. This is unjustified when there is enough scope for exercising discretion by the Court to impos..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10
Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)
.... determining the proportionality of the period of imprisonment comparing(sic) with the amount of fine, hence there are reasonable grounds for reconsidering this issue by this Court for doing complete justice under Article 104 of our Constitution in favour of the petitioner considering his social sta......he court of appeal below be maintained. The High Court Division acted illegally so far it relates 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. ......been filed by the convict-petitioner and Nos.16-19 of 2012 have been filed by the complainant for reviewing the judgment and order passed by this Division on 12.03.2012 in Criminal Petition for Leave to Appeal Nos.266-269 of 2011. All these petitions are disposed of by this judgment. 2. Facts ......soning(sic) and adequate so far it relates to the fine imposed upon the petitioner but still the sentence of simple imprisonment for a period of 1(one) year is rigorous and the maximum sentence under law. This is unjustified when there is enough scope for exercising discretion by the Court to impose..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
.........Opposite-Party Judgment December 2, 2012. Result: The Rule is disposed of. When examination of the Magistrate is necessary For the interest of the justice, if the learned judge feels that the examination of the Magistrate is necessary, he should t...... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ......hen examination of the Magistrate is necessary For the interest of the justice, if the learned judge feels that the examination of the Magistrate is necessary, he should take all the legal steps to secure his presence. Without taking any steps in accordance with law to ensure the presence of th...... of the justice, if the learned judge feels that the examination of the Magistrate is necessary, he should take all the legal steps to secure his presence. Without taking any steps in accordance with law to ensure the presence of the Magistrate in order to examine him now he has taken the plea that ..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....dings of the appellant Court and came to the finding that the plaintiffs could not show that there was misreading or non-reading of the material evidence by the appellate Court occasioning failure of justice and, as such, affirmed the judgment of the appellate Court. 14. The findings arrived at......schedule measuring 0.14 acre appertaining to CS Khatian No.137 under 'rayoti jote' belonged to Md. Sagir Mahmud. Md. Sagir Mahmud's son, Shamsher Ali inherited the entitle land of CS Plot No. 137 and accordingly, his name was correctly recorded in the CS Khatian. While owning and possessing the afor....... Md. Nasir Hossain…………………………………………......Respondents Judgment December 2, 2012. Result: This civil petition for leave to appeal is dismissed. The SA and RS records are not an evidence of title and a registered ...... of rights and that the registered document would remain in enforce unless the same was cancelled by an appropriate civil Court. This finding of the appellate Court is based on proper appreciation of law. 12. The foundation of the plaintiff's case is on the registered Hiba-bil-ewaz deed dated 8..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 ......fore the government the registration authority is required to give an opportunity to the committee concern of being heard in order to controvert the allegations so made against it. Section 10 is accordingly quoted therein below— "10. (1) If at any time the registration authority......istration and Control) Ordinance, (Ordinance No. XLVI of 1961) 1961 Lawyers Involved: Taimur Alam Khondaker, Advocate in person—For the Petitioner. Titus Hillol Rema, Assistant Attorney-General—For the Respondent No. 6. Writ Petition No. 8987 of 2012. Judgment ......o 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 passed without lawful authority and is of no legal effect. 2. The issue revolves around the instant Rule Nisi ..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 ...... 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 ......er 28, 2012. Result: Both the Rules are disposed of. Lawyers Involved: Md. Khurshid Alam Khan with Sayem Murad, Advocates—For the Petitioners. SM Monintzzaman, Deputy Attorney-General with Pratikar Chakma, Assistant Attorney-General—For the Respondents. Writ...... 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 respondents to show..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 ......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 ......neral provision about filing suit, other than the suits that falls within specific category under Order XXXVII of the Code of Civil Procedure………...........(7) Cases Referred to- Bengal Techno Leather Consult Ltd. Vs. Bangladesh, 2005 BCR 133, Joved Traders and anoth&sh......on of the High Court Division to entertain suits to be filed under Order XXXVII as well as, such interpretation, will frustrate the purport and intent of the legislature. The correct of position law has rightly been made clear in 44 DLR 490 reads as follows:— "Summary Suit&mdash..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)
.... India expounded the doctrine as under: "The doctrine of promissory estoppel is applicable against the Government also particularly where it is necessary to prevent fraud or manifest injustice. The doctrine, however, cannot be pressed into aid to compel the Government or the public au...... Directorate, Mohakhali, Dhaka. 3. Having obtained appointments the writ petitioners joined in their respective posts in the Government Homeopathic Degree College and Hospital, Mirpur, Dhaka and accordingly the Principal of the College accepted their joining letters and distributed their c..............Appellants Vs. Dr. Md. Nazrul Islam Bhuiyan and others...............Respondents Judgment November 28, 2012. Result: The appeal is dismissed. Cases Referred to- Customs Custom House, Chittagong Vs. A. Hannan, 42 DLR (AD) 167; Gujarat State Financial Co...... without pay and if yes, then, what was that, (2) what is the basis for rendering service without pay for such a long time by the honorary teachers. (3) under what provisions of law the proposal for the appointment of the honorary teachers in the newly created posts be for..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. ......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. ...... Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh and others..............Appellants (in both cases) Vs. Hamento Kumar Barmon....................Respondents (In Civil Appeal No.327 of 2008) Md. Nurul Islam......, the first appellate order dated 18-1-1998, vide annexure-T to the writ petition and final appellate order dated 24-8-2004, vide annexure-'L' to the writ petition to have been issued without lawful authority and are of no legal effect and also for a direction upon the writ-respondents to re..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....er. But misconduct of an Advocate may be defined as any conduct that in any way renders an Advocate unfit for the exercise of his profession, or is likely to hamper or embarrass the administration of justice for which disciplinary action may be initiated................. (23, 28, 29, 31) Status......applications observing, inter-alia, that the O.P. submitted that he had no objection to the aforesaid prayers of the complainant s to the amendment and calling for the records. The amendment petition accordingly formed part of the original complaint. The records of objection Case No.235 in respect o...... decision can not be re-heard and corrected. A review lies where an 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......d ambit has to be construed with reference to the subject matter and context wherein the term occurs. According to Black's Law Dictionary 'misconduct' means "A dereliction of duty; unlawful or improper behaviour." Affirmative misconduct means an affirmative act of misrepresenta..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: ......nvoked, and hence the petitioner is about to seek non-prosecution of Writ Petition No. 8549 of 2008 by preferring the instant application for quashment before this Hon’ble court. The petitioner accordingly undertakes to withdraw the Writ Petition for non-prosecution, once the Rule is issued. ......State………………….......................Respondents Judgment November 28, 2012. Result: The Rule is made absolute. Cases Referred to- Bahauddin Nasim Vs. Secretary, Ministry of Home Affairs, Government of the Peoples Republic......ed 18th November 2008, the Hon’ble High Court Division stayed all proceedings of the aforementioned case against the petitioner: the stay have been extended up till now. However, there are case laws suggesting at when there is alternative remedy available, Writ jurisdiction of the Court should..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: .........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, Assistant Attorney General-For the Respondent no. 1. ......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)
....the impugned order, and not staying the proceedings of the case as per provision of section 344 of the Code of Criminal Procedure, learned Special Judge erred in law, causing miscarriage of justice which is liable to be interfered by this Court. 12. Mr. Mahbubey Alam, the learned Atto......g proceeding in violation of the provisions of the section 188 of the Code of Criminal Procedure. He submits that section 188 of the Code, made it mandatory for the Government for according sanction to proceed with the case and he submits that the government has not granted sanct......another…………….....................Opposite-parties Judgment November 27, 2012. Result: The application is summarily rejected. Cases Referred to- Tarique Rahman Vs. Bangladesh, 63 DLR (AD) 18; Pirjada Syed Shariatullah Vs.Bangladesh, 61 ......rnment. 3. In the aforesaid backdrop of the case and to arrive at a conclusive decision with regard to the questions mentioned above, I am of the opinion that a thorough scrutiny of the relevant laws is needed for which I am inclined to issue Rule. 4.Hence, Let a Rule be issued calling upo..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. ......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. ...... 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, 2009 pas......r relatives (names are mentioned in the FIR) rushed to the house of his sister and found her dead body lying on the chowki in the veranda of the dwelling room. The informant's mother and cousin-in-law (খালাতো ভাবী), Mosammat Ismat Ara on examining the body of Baby found the t..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
.... condemned petitioner, no previous criminal record, admitted previous enmity, the fact that he had languished in the condemned cell for more than 8 ½ years, we are of the view that ends of justice will be sufficiently met if the sentence of death is commuted and altered to one of imprison......য়া আসিয়াছি আমাকে বাঁচান’ whereupon people in the vicinity ran there and caught him. We do not find anything on record to disbelieve the witnesses and accordingly the trial Court’s finding that the petitioner was guilty under section 302 of the Pena.........Petitioner Vs The State.…………………………..............Respondent Judgment November 26, 2012. Result: The Jail Petition is dismissed. Cases Referred to- State Vs. Tasiruddin, 13 DLR 203; Nalu Vs. State reported in 1 Apex Law Report’s (AD) 222...... of abusing Rumi, whereupon, the accused abused them as well in filthy language and at one stage, he became furious and threatened to kill them. Then the informant along with his mother and sister-in-law came back to their house and informed about the occurrence to Milon Mia, the cousin of the infor..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......ry officer Therefore, the petitioners have been replied on it. Finally, on 3-7-2011, respondent No.3 issued a letter to respondent No.6 to stop the Government portion of salary of the petitioners and accordingly the respondent No.6 issued a letter to the respondent No.7 for appropriate action. The p......Judgment November 22, 2012. Result: The Rule is made absolute. Prohibition of sub-delegation of Power Discretion vested in a particular body or authority can not sub-delegate to some other authority until and unless statute permits such sub-delegation.......... (15) Cas......n of the Managing Committee Rehai Tarapur Sarderbari Registered Primary School, Mymensingh Sadar, Mymensingh to take disciplinary actions against them should not be declared to have been made without lawful authority and are of no legal effect and or pass such other or further order or orders as to ..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
88459630851788118557778690088476939696399402885787258580836779358950867378868820