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Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
.... 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 ......ce with law to ensure the presence of the Magistrate in order to examine him now he has taken the plea that examination of the said Magistrate is necessary………(9) Explanation and assertion by the learned Judge is not only surprising; but it also shows the inefficiency and in...... 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 examination of the said Magistrate is necessary&..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
.... 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......……………………………......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 document will prevail upon the records ....... Zahangir, Advocate-on-Record—For the Respondent No. 1. Not Represented—Respondent Nos. 2-6. Civil Petition for Leave to Appeal No.1816 of 2010. (From the Judgment and order dated 13-11-2008 passed by the High Court Division in Writ Petition No.6488 of 2008). Jud..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....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 ......n (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Advocate Taimur Alam Khondaker.........................Petitioner Vs. Bangladesh and others...................Respondent Judgment November 29, 2012. Resul......‚ঘন কর হয়েছে বিধায়। and appointed one Administrator, respondent No.7 under section 9(2) of the said Ordinance. It further appears that the respondent no.6 had issued the order dated 15-5-2012 as the registration authority in exercise of power as provided under section 2..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
AKM Muhituddin and others Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
.... 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......eported in: 65 DLR (HCD) (2013) 196 ......e result, both the Rules are disposed of. The respondents would be at liberty to encash the Bank Guarantee after the decision of the Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reporte..Category: Fiscal/Taxation Law | Date: 28 Nov, 2012 | Hits: 2
Bengal Techno Leather Ltd Vs. Islami Bank Bangladesh Ltd, 2012, 41 CLC (HCD)
....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......nt Judgment November 28, 2012 Result: The petition is rejected. Code of Civil Procedure, 1908; Section 15 Order XXXVII Specific Suits upon Bill Of Exchange, Hundis and Promissory Notes- Suits on these types of matters have been classified as a different cate......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 ..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)
.... 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......e Division (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh and others.................Appellants Vs. Dr. Md. Nazrul Islam Bhuiyan and others..........—For the Appellant. SM Rezaul Karim, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondents. Civil Appeal No.12 of 2010 (From the judgment and order dated 3-11-2008 passed by the High Court Division in Writ Petition No.2919 of 2006) Judgm..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
...., 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......ate Division (Civil) Present: Md. Muzammel Hossain CJ 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.....................ob Chowdhury, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondents. (In both cases). Civil Appeal Nos.327 with 326 of 2008. (From the judgment and order dated the 6th day of June, 2007 passed by the High Court Division in Writ Petition Nos.1497 an..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....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......Syed Mahmud Hossain J Muhammad Imman Ali J Esrarul Huq Chowdhury…………………...................Appellant Vs. Md. Amir Hossain, Advocate and another…......Respondents Judgment November 28, 2012. Result: The app......hellip;.(25) Legal profession is not a trade or business. Members belonging to the profession have a particular duty to uphold the integrity of the profession and not to indulge in corruption in order to ensure that justice is administered in accordance with law…………&..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....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...... The Rule is made absolute. Cases Referred to- Bahauddin Nasim Vs. Secretary, Ministry of Home Affairs, Government of the Peoples Republic of Bangladesh, Bangladesh Secretariat, Ramna Dhaka and others, unreported, Writ Petition No.7245 of 2008; Khawja Nazir Ahmed Vs. Emperor 1945 DLR, PC 1......bsp;Commission Act, 2004 read with Rule 15 of the Emergency Powers Rules 2007, now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other or further order or orders as to this court may seem fit and proper.” 2. Averments figur..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: ......gh Court Division (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Mohammad Ullah Ashraf………......Petitioner Vs. Bangladesh and others…………...Respondents Judgment November 28, 2012. Result: The Rul......stituted under rule 4 of the Rules, 2009 recommended a panel of three candidates, wherein the petitioner’s name was not included. In that event, he moved in this Court and obtained the Rule with an order of stay. 4. The Government of Bangladesh represented by the Secretary Ministry of Law, J..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....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...... Court Division (Criminal Revisional Jurisdiction) Present: Abdul Awal J Md. Faruque J Giasuddin-al-Mamun.............................Accused-petitioner Vs. State and another…………….....................Opposite-parties Judgme......hat 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 upon the opposite-parties to show cause as to why the impugned order dated 18-10-2012 passed by the learned Special Judge, Court No. 3, Dhaka, in Special Case No. ..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Jamila Khatun Vs. State, 2012, 41 CLC (AD)
....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 à¦à¦¾à¦¬à§€), Mosammat Ismat Ara on examining the body of Baby found the t......d: 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 passed by the High Court Division in Criminal Miscell...... 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 passed by the High Court Division in Criminal Miscellaneo..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
.... 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...... Lawyers Involved: Helal Uddin Mollah, Advocate- For the Petitioner. Md. Shohrowardi, Deputy Attorney General- For Respondents. Jail Petition No.15 of 2010. (From the judgment and order dated 30thOctober, 2007 passed by the High Court Division in Death Reference No.74 of 2004......Lawyers Involved: Helal Uddin Mollah, Advocate- For the Petitioner. Md. Shohrowardi, Deputy Attorney General- For Respondents. Jail Petition No.15 of 2010. (From the judgment and order dated 30thOctober, 2007 passed by the High Court Division in Death Reference No.74 of 2004 wit..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....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 ...... Hasan Foez Siddfque J ABM Altaf Hossain J Fazlul Haque (Md.)…………………………Petitioners Vs. Bangladesh and others..................Respondents Judgment November 22, 2012. Result: The ...... ABM Altaf Hossasin J. - The Rule Nisi under Adjudication issued on 02.11.2011 was in the following terms: "Let a Rule Nisi issue calling upon the respondents to show cause as to why the order Vide Memo No.38.210001.01.019. 2011/233, dated 3-7-2011 (Annexure-E) issued by the Director (M..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
....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...... Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh & others .............Petitioners Vs. Md. Ghulam Mustafa and others…………....Respondents Judgment November 22, 2012. ......uzammel Haq, Senior Advocate instructed by Md. Habibur Rahman Miah, Advocate-on-Record— For the Respondents. Civil Petition for Leave to Appeal No.1953 of 2012. (From the judgment and order dated the 5th day of June, 2012 passed by the High Court Division in Writ Petition Nos.8556 wi..Category: Others | Date: 22 Nov, 2012 | Hits: 20
MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)
....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...... (Criminal Miscellaneous Jurisdiction) Present: M Enayetur Rahim J Md. Akram Hossain Chowdhury J MA Motaleb Bhuiyan.....................Accused-Petitioner Vs. State and another……………………………&......ent M Enayetur Rahim J. - Supplementary affidavit filed today do form part of the main application. 2. This is an application filed by the accused-petitioner for re-calling the Judgment and order dated 4-7-2012 passed by a Division Bench of this Court discharging the Rule. 3. At the i..Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
....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......n end with the issuance of a certificate under section 33 (5) of the Artha Rin Adalat Ain, 2003. Rather it remains alive till the possession of the property alleged to have been sold in auction, was handed over to the auction purchaser. .................... (17) Cases Referred to- ...... Writ Petition No.4453 of 2007. Judgment Sheikh Abdul Awal J. - This Rule has been issued calling upon the opposite-party No.1 to show cause as to why the impugned judgment and order dated 25-4-2007 passed by the learned District Judge, Bagerhat in Artha Rin Appeal No.23 of 20..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....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 ......late Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Aminullah and others……………………Appellants Vs. Serajul Huq and others……………â€......h Court Division in Civil Revision No.2387 of 1995). Judgment Syed Mahmud Hossain J.- This appeal by the pre-emptors as the appellants following leave is directed against the judgment and order dated 02.07.2003 passed by the High Court Division in Civil Revision No.2387 of 1995 making t..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....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......urt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Azizur Rahman (Md.).........................Petitioner Vs. Bangladesh and others... .............Respondents Judgment November 20, 2012. Result: The R..........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 order, the petitioner for the first time rushed before this Division and obtained the present Rule. ..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
...............................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......bsp; ......ient for convicting the confessing accused and retraction of confession is immaterial, once it is found to be true and voluntary. ............ (61) Overt act on the part of each accused In order to support a conviction under section 34 of the Penal Code, mere presence would not be suffici..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
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