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Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
....he same; hence in the event that a single marking method for both of the versions has been maintained, one group of students either the Bangla or the English had certainly been subjected to serious injustice violating their rights to have equality before law and equal protection of law as contained ...... v. In answer key sheet option was C as correct. 2. 93. i. Admitted & mark(s) were given accordingly ii. ......oners Vs. Md. Ghulam Mustafa and others…………....Respondents Judgment November 22, 2012. Result: The petition is dismissed. Cases Referred to- Kazi Mokhlesur Rahman Vs. Bangladesh, 26 DLR (AD) 44; Dr. Mohiuddin Farque Vs. Bangladesh, ......ng upon the writ-respondent-petitioners herein to show cause as to why the admission test for MBBS and BDS for the session 2011-2012 held on 30-9-2011 shall not be declared to have been taken without lawful authority and is of no legal effect. In the writ petition, a direction was also sought for up..Category: Others | Date: 22 Nov, 2012 | Hits: 20
MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)
....conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ......conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ......p;..Opposite-Parties Judgment November 21, 2012. Result: The application is rejected. Norms and practice It is the norms and practice of the Court that to hear a matter before a Vacation Bench the learned Advocates of the respective parties should be i......e said judgment. 12. Section 369 of the Code of Criminal Procedure provides as follows: 369—Court not to alter judgment.— Save as otherwise provided by this Code or by any other law for the time being in force no Court when it has signed its judgment shall alter or review the s..Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2
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. ...... 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. ...... filed after expiry of six years of filing the first execution case, the same would be barred by limitation................ (12) Expiry of an execution case The execution case does not come to an end with the issuance of a certificate under section 33 (5) of the Artha Rin Adalat Ain, 2003.......e appearing for the decree-holder-Bank, on the other hand, by filing counter-affidavit opposes the Rule. The learned Advocate in the course of his argument upon placing the relevant provision of law and other materials on record submits that the 2nd Artha Execution Case was neither barred by li..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. ...... No. XXVIII of 1951); section 96 In a case of pre-emption filed under section 24 of the Non-Agricultural Tenancy Act if a co-sharer tenant owns a portion of land in any plot, he is to be treated as co-sharer in the entire plot even if the land of that plot is recorded in more th......ring in section 24 of the Non-Agricultural Tenancy Act means a co-sharer in the plot not the holding as mentioned in section 96 of the State Acquisition and Tenancy Act. Such being the position of law, the pre-emptors were not even required to file an application for amendment to show that they ..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. ......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. ......Rahman (Md.).........................Petitioner Vs. Bangladesh and others... .............Respondents Judgment November 20, 2012. Result: The Rule is discharged. Restoration to section 19 for setting-aside the ex-parte decree After passing of the impugned orde......for setting-aside the ex-parte decree After passing of the impugned order, the petitioner for the first time rushed before this Division and obtained the present Rule. In this situation the law enjoins that the petitioner ought to have resorted to section 19 of the Artha Rin Adalat Ain, 20..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....ahid and Khorshed are neither true nor voluntary; but this aspect of the case was not taken into account by the lower Court while convicting and sentencing them and thereby it occasioned a failure of justice. 11. Mr. Md. Afzal Hossain further submits that there is no finding in the impugned jud......f all the condemned-appellants, namely, Tipu, Shahid and Khorshed, Sub-Inspector Md. Mainul Islam forwarded them to the P.W.4 Syed Lokman Ahmed for recording of their confessional statements and accordingly, the learned Magistrate (P.W.4) recorded their confessional statements seriatim. In view......….....................................Respondent Judgment November 20, 2012. Result: The appeals are dismissed. Section 164(3), the Code of Criminal Procedure, a mandatory provision of law It is a settled principle of law that the requirement of adherence to the.................................Respondent Judgment November 20, 2012. Result: The appeals are dismissed. Section 164(3), the Code of Criminal Procedure, a mandatory provision of law It is a settled principle of law that the requirement of adherence to the provisions of sec..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77. ...... in accordance with the CRF certificate and also as to why the respondent No.1 shall not be directed to release the imported goods in question on receipt of the customs duty and other charges in cash according to the valuation determined in the CRF certificate. 3. By an ad-interim order this di...... (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Amirul Islam (Md.).....................................Petitioner Vs. Commissioner of Customs and others............Respondents Judgment November 19, 2012. Result: The R......14-12-2011 in Nothi No.1237/AP/Section-04/2011-12 passed by the respondents (Annexure-A), by adoption of the "Deductive Value 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..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ...... law does not confer any authority upon the Senior Assistant Commissioner of Vested Property Cell to issue and serve any such notice. 13. In view of the above, we find substance in the Rule and accordingly the Rule is made absolute. The impugned notice purportedly issued under section 5(1) of ......zed within the scope of Ordinance 24 of 1970……………………………….(12) Lawyers Involved: Md. Zakir Hossain, Advocate-for the petitioner S M Quamrul Hasan, Assistant Attorney General (with leave of the Court)- for the respondents. Writ Petition No. 8854 of 2011. ......of Vested Property Cell issued the notice giving seven days time, although the petitioner is not an unauthorized occupant in the land. The Senior Assistant Commissioner of Vested Property Cell has no lawful authority under the law to serve any such notice, therefore, the impugned notice is wholly wi..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
.... in the Court premises at district Gazipur from Dhaka in time for taking step of her case and thus fell into an error of law resulting in an error in the impugned decision occasioning failure of justice. 10. Mr. Arshed, finally submits that both the witnesses namely, P.W.1 and P.W.2 in the......I, rule 19 of the Code of Civil Procedure. 11. Mr. Abdus Samad Azad, the learned Advocate appearing for the respondent No.1, on the other hand, supports the impugned judgment and order which was according to him just, correct and proper. Mr. Azad in the course of his argument upon placing suppl......he appellant may be reprehensible but the matter cannot be decided on the ground of mere apprehension for non-appearance. Order XLI, rule 19 of the Code of Civil Procedure gives ample power to the appellate Court to re-admit the appeal if the Court is satisfied that the appella....... 9. Mr. Golam Arshed, the learned Advocate appearing for the appellants submits that the Court of appeal below without applying its judicial mind into the facts and circumstance of the case and law bearing on the subject most illegally rejected the Miscellaneous Case under Order XLI, rule 19 o..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....e with section 164 read with section 364 of the Code of Criminal Procedure……………………(5) Initial burden of proof Under the prevailing system of the administration of criminal justice, the initial onus to prove the charge of death of a victim is upon the prosecution. If the ......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......t he committed the crime. In criminal cases a confession made by an accused voluntarily is evidence against him of the facts stated. The ground of reception of voluntary confession is usually said to be the presumption that no person will make a statement against his interest unless it is true; ......s particularly the evidence of Younus Chowdhury (P.W.9); that in view of the evidence that he was seen in the company of his wife till 1-20 PM, whether the High Court Division committed error of law in giving him the benefit of doubt; whether the apprehension of Belal by the police was a pre..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
....the second statement on the ground that this statement corroborates the injuries.……………………(5) Burden of proof Under the prevailing system of the administration of criminal justice, the initial onus to prove the charge of death of a victim is upon the prosecution. As rega...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135.......at he committed the crime. In criminal cases a confession made by an accused voluntarily is evidence against him of the facts stated. The ground of reception of voluntary confession is usually said to be the presumption that no person will make a statement against his interest unless it is true; ......it was inculpatory in nature. If any accused fails to retract his first confession and then makes another confession, the latter statement cannot be taken as a confessional statement in the eye of law in presence of earlier statement and because the statement is exculpatory in nature. This secon..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....e adduced by him in another suit or proceeding heard simultaneously or analogously, but section 151 of the Code has given inherent power to the Court to pass any such order to secure the ends of justice and in the instant cases by allowing the prayer of the defendants to adopt their evidence gi......Municipal holding in his name in respect of the suit plot and took connections of various utility services, such as: WASA, Electricity and Titas gas in his own name and paid tax, rents and bills accordingly. He had also let out the said building to different organizations and persons and lastly......hellip;……………Respondents (In Civil Petition No.2199 of 2011) Judgment November 12, 2012. Result: The petitions are dismissed. Cases Referred to- Ali Haider Vs. State, 10 DLR (SC) 193; Allah Ditta Vs. State, 11 DLR (SC) 38; Chainchal Sin......e 10th day of February, 2011 passed by the High Court Division in Appeal from original Decree Nos.357, 358, 346 and 327 of 2009 dismissing the appeals. 2. Identical facts and common questions of laws being involved, these petitions have been heard together and are disposed of by this single jud..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ......ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ......ed on 7-9-2009 and within next 30 days from the date of cause of action, the case was filed on 7-10-2009. The question of prematurity does not arise. Even if it is found that the case was filed prior to the expiry date of legal notice, then also the case has attained its maturity after expiry of the......to prolong the litigation, and for the sake of amicable settlement, he has agreed to accept the cheque amount. Accordingly, the learned Advocate has prayed for disposal of the Rule in accordance with law. 6. In fact, it is a case under sections 439/435 of the Code of Criminal Procedure ar..Category: Others | Date: 11 Nov, 2012 | Hits: 8
....ermination passed by the defendant-opposite party No.1 was illegal and without jurisdiction. The appellate Court committed an error of law resulting in an error in the decision occasioning failure of justice in affirming the judgment and decree of the trial Court inasmuch as the trial Court found th......ction and the order was passed without any show cause notice, offering the plaintiffs an opportunity to show cause and without any proceedings they were illegally terminated by the defendant No.1 and accordingly challenging that order of termination; the plaintiffs filed the original suit with a dec......ra Road, Barisal City, District-Barisal and others……..................Opposite parties
Judgment
November 8, 2012.
Result:
The Rule is discharged.
Cases Referred to-
48 DLR (AD) 63;d 29 DLR (SC) 39; 12 MLR (AD) 248, Kazi Md. Abdul Quddus & another Vs. M......r of termination of their service and it is not correct that nobody other than the Managing Director could terminate the service of the plaintiffs. In fact; the concerned authority in accordance with law terminated the plaintiffs and they were sacked because of their illegal strike and the Trade Uni..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....al Procedure, the petitioner was on pre-arrest bail granted by the High Court Division in Criminal Miscellaneous Case No. 14063 of 2008 on 25-8-2008 and, as such, the petitioner was not fugitive from justice at the time of moving the instant application before the High Court Division and this ......ts given by the witnesses, the investigating officer submitted charge-sheet against the accused-petitioner and a clear case of abetment has been disclosed against the accused-petitioner and accordingly the learned Special Judge rightly took cognizance and framed charge against the acc......lip;………...Opposite Party Judgment November 8, 2012. Result: The Rule is discharged. Under latest Propositions of Law, an Accused cannot remain on Anticipatory Bail for an Unlimited Period- It is now well settled that after submission of the police r......ties has been disclosed against the accused-petitioner in the prosecution materials...........…..(25) Whether the Impugned Proceedings should be Quashed- It is a settled principle of law that the disputed question of fact cannot be determined by the Court invoking its extra-ord..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ...... November 8, 2012. Result: The Rule is disposed of with direction. Lawyers Involved: Md. Manzill Murshid, Advocate-For the Petitioner. Md. Mokleshur Rahman, Deputy Attorney General -For the Respondent No. 4. Khan Ziaur Rahman, Advocate-for the Respondent No......activist who is the Member of this Bar. 2. The petitioner has come up with a case and has sought a direction upon the respondents to ensure Rule of Law and to take necessary steps against the law violators. 3. In this application under Article 102 of the Constitution of the People’s ..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....le of the mortgaged property to satisfy the decreetal amount can be allowed to the Judgment debtor by the Court. A reasonable time for so doing only to be given. In the instant case, the ends of justice would be best served if the petitioner has been given a chance to pursue his wish by which t......). The Adalat gave a decision on the issue pointedly by stating since there is a specific provision to dispose of an execution case available in the Ain itself, the application should be rejected and accordingly the same was rejected by the order impugned against. 8. To appreciate the iss.......Respondents Judgment November 7, 2012 Result: The Rule is made absolute. Upon the satisfaction of the Court a private sale of the mortgaged property to satisfy the decreetal amount can be allowed to the Judgment debtor by the Court. A reasonable tim...... Nayadiganta on 22-4-2011 (Annexure-B and B-1 respectively) for selling the schedule mortgaged properties in to auction which is scheduled to be held on 22-5-2011 should not be declared to be without lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
....ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......ellip;……Petitioner Vs. Md. Obaidul Karim and another................Respondents Judgment November 4, 2012. Result: The leave is granted. Case Referred to- Habibur Rahman Mollah Vs. the State, 62 DLR (AD) 233. Lawyers Involved: Md. Khurs......he seized vehicle along with the said two accused to Dhanmondi Police Station as per G.D. Entry No.1815 dated 28.02.2007; that the said Abdus Salam also informed them that one Masum Ahmed, brother-in-law of Haris Chowdhury, a Political Secretary of the then Prime Minister Begum Khaleda Zia, gave the..Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......hellip;……………………....Convict-appellant Vs. The State ………......................The Respondent Judgment October 18, 2012. Result: Death Reference No.36 of 2007 is rejected. Criminal Appeal No......years went to village North Char Ramani Mohon, of Police Station and District Lakshmipur for employment as agricultural worker on the daily payment basis. He used to reside there as a domestic son-in-law of Abdul Jalil Bandukshi (P.W.4) after marring his daughter Ahikunnessa (P.W.2). He (victim) use..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
....before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ......before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ......an Ali J Md. Shamsul Huda J Khan Matarhar and another..........................Petitioners Vs. Nirmalendu Mondal and others......................Respondents Judgment October 18, 2012. Result: The petition is dismissed. Lawyers Involved: Mrs. Sufia......ellate court below the defendant-respondent Nos.7 and 8 filed Civil Revision No.6944 of 2001 before the High Court Division on the main contentions that the appellate court below committed error of law in accepting additional evidence without recording any reason as per requirement of Order 41 r..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
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