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Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....Khaled J SHJ Nurul Huda Jaigirdar J Begum Khaleda Zia…………………………………Petitioner Vs. State and another……………………………&......ection 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 disposal of the Rule are that on 3-7-2008, Mr. Harunur Rashid..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
....Biswas & another………………………Respondent Judgment December 7, 2011. Result: The appeal is allowed-in-part. Relationship between the Nari-o-Shishu Nirjatan Ain, 2000 and the Code of Criminal Procedure, 1898 and the Penal Code, 1860 Since specific provision has be......র অভিপ্রায়ে উক্ত ব্যক্তি বিরুদ্ধে” means the person against whom allegation had been made to cause his injury which found to be false after proper investigation. The said aggrieved person is the only competent person to file a written c..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)
.... under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended-2003) filed an application for bail under section 498 of the Code of Criminal Procedure where ad interim bail was granted and Rule so was issued calling upon the opposite-party to show cause as to why the accused-petitione......ued calling upon the opposite-party to show cause as to why the accused-petitioner shall not be granted on bail and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. In short, the case of the prosecution for the purpose of disposal of the Rule is as ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
.... in: 65 DLR (HCD) (2013) 34. ...... and 2 in which petitioner before us filed application under Order I Rule 10 of the Code of civil Procedure for being added a party on the ground that Other Class Suit No.61 of 2008 over the selfsame property has been filed by applicant petitioner against the plaintiff defendant No.1 and 2 of t..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....ation under section 561A of the Code of Criminal Procedure, 1898 filed by the convict-petitioner, a Rule was issued calling upon the State-opposite-party to show cause as to why the impugned Judgment and order dated 11-10-2005 passed by the Special Tribunal No.2, Meherpur in Special Tribunal Case No......Act, 1978 and sentencing him there under to suffer rigorous imprisonment for 10 (ten) years should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of the Rule may be briefly stated as follow..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....J SK Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md.Mamtaz Uddin Ahmed J Md. Shamsul Huda J Secretary, Ministry of Establishment and others.........Appellants Vs. Amzad Hossain and others...........................Responden......oners as Second Class gazetted Government Officers as per the Gazette Notification dated 26-10-1979 (Annexure-A) and/or pass such other or further order or orders as your Lordships may deem fit and proper." 3. The case of the writ-petitioner-respondents (hereinafter referred to as the writ-pe..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....rted in: 18 BLC (HCD) (2013) 260. ......le. 16. Mr. Fazlul Hoq the learned Advocate appearing with Mr. MC Chowdhury, submits that the evidence adduced by the plaintiff and the documents produced before the Court if considered in their proper perspective warrant a decree in the suit not in part but as a whole. 17. Elaborating his..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
......Appellant Vs. State………………………………Respondent Judgment November 21, 2011. Result: The Appeal is allowed. The Arms Act, 1878 (Act No. IX of 1878); ss. 19A and 19(f) Mere knowledge of the accused that the arms or ammunition was lying at the spot pointed......his signature on those as Exhibits-3, 4, 3/1 and 4/1 respectively. He deposed that he recorded the statement of the witnesses under Section 161 of the Code of Criminal procedure and after holding proper investigation had submitted charge-sheet against the accused persons. 27. In his cross-e..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....minal Appellate Jurisdiction) Present: Obaidul Hasan J Joynal Abedin Hazari…………………………Appellant Vs. State and another……………………….Respondents ......ited 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 absence of proper authority to issue the notice the proceeding as a whole was a nullity. He further submit..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....erested witnesses Eye witnesses in some cases are closely related with the deceased. Even then the evidence of such witnesses could be relied on if the same would have been found free from doubt and subsequent embellishment........ (47) Corroboration by independent and disinterested witnes......g the deceased and to slaughter him. Hashem did not tell him that the wife of Atiar Rahman witnessed the occurrence having been in his house. He denied the defence suggestion that he without any proper investigation submitted a perfunctory charge-sheet in this case. 23. These are the ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Jamuna Television Ltd. and another....................Appellant Vs. Government of Bangladesh & others.............hy Act, 1933, (III) licence/NOC to be granted by the MOI for the Ministry's own convenience for performance of its functions of supervision, monitoring and controlling the contents of broadcasting properly and effectively under the Rules of Business and (IV) licence to be granted by the BTRC for..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... is also Reported in: ......uction near Lalbagh Fort should not be declared to have been done without lawful authority and of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper.” 2. Averments figured in the petition are summarized below:- The organization Hu..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....vil) Present: Md. Muzammel Hossain CJ SK Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Renuza Begum and others..................Appellant Vs. Md. Waziullah Mia and others...............Resp......ide purchaser without notice to the original contract. Similarly, he is not entitled to a decree for specific performance against a person who has acquired right or interest in respect of the same property prior to the contract...............................(15) Whoever claims or has ..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
....n Magistrate 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: On......unt No.710 who stood as guarantor for the aforesaid money on behalf of the said Labu Miah; that the aforesaid persons never released the documents from the bank nor paid the aforesaid amount; that on proper inquiry is found that the Ahmed Enterprise is a non-existing business concern. It has been me..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
....Court
High Court Division
(Special Original Jurisdiction)
Present:
Md. Bazlur Rahman J
Md. Enayetur Rahim J
Humayun Kabir Patwary………………………………Petitioner
Vs.
Secondary and Higher Secondary SchoolEducation Board, Comilla and 5 others………………………….Res......011 made by the respondent No.6 and also thereby seeks direction to fixa fresh date for holding aforesaid election and/or pass such order or furtherorder or orders as to this Court may seem fit and proper.
2. Short facts for disposal of the Ruleare that the petitioner being a guardian voter being..
Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....g Director, Viking Associates Ltd. Hossain Chamber 1st Floor, 105, Agrabad, Chittagong, Local Agent of M. V. Accord….............Principal Defendants 6. The Chairman, Chittagong Port Authority, Bandar Bhaban, Police Station-Bandar, District-Chittagong. 7. The Harbour Master, Chittagong Port ......of limitation, estoppels, waiver and acquiescence? Is their any cause of action against the defendants for filing the instant suit? Whether the documents exhibited in this suit were done by the proper person? Whether the content of the private documents exhibited in this suit was proved by ..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)
....n J.-I agree. Ed. This Case is also Reported in: ......olitan Magistrate, Dhaka and Title Suit No. 6451of 2008 pending before the District Judge, Dhaka, as the said two cases were pending between same parties and result of the said cases are relevant for proper adjudication of the present Nari-o-Shishu Nirjatan Damon Case. 5. The learned Judge of the..Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91
Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)
.... Muhammad Mamtaz Uddin Ahmed J Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, P.S.- Ramna, Dhaka and others……………………Petitioners Vs. ......quently the lessee Md. Hossain Ali sold the said plot along with the structure thereon to one Ghulam Rabbani by a registered sale deed dated 24.06.1965. Ghulam Rabbani got possession of the said property and possessed the same. Subsequently after liberation of Bangladesh the said property was e..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
....inha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Abdul Aziz being dead his heirs:- 1(a) Asia Khatoon and others……………………..Petitioners Vs. 1(a) Most. Kutisona Bibi and others.............his concurrent finding of the courts of facts, set aside the judgment of the appellate court below and sent back the appeal on remand with a direction for writing judgment afresh. This has not been proper and justified at all. The judgment of the appellate court is a judgment of affirmance and a..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Md. lmman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Tae Hung Packaging (BD) Limited and others..................Appellants Vs. Bangladesh and others............................... it differs the case shall be referred to a Full Bench." 13. If a Division Bench does not accept as correct the decision on a question of law of another Division Bench, the only right and proper course is for it to refer the matter to a Full Bench. Chapter VII, Rule 1, of the High Court..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
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