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Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....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......cial 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 Rule i......t 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 division directed for release of the goods in question. 4. The background leading to..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....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......n (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Maleka Khatun………..................Petitioner Vs. Bangladesh and others ………...Respondents Judgment November 18, 2012. Result: The Rule ......der section 5 (1) of the Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970 (Ordinance 24 of 1970) When a suit is pending between the parties, wherein an order of temporary injunction restraining the Government and its allottee is still in force and the ..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
..... 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......t Division (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J Nahida Sultana…………...................Appellant Vs. Bazlur Rahman Khan and others......Respondents Judgment November 14, 2012. Result: The appeal is al...... Abdus Samad Azad, Advocate—For the respondent No.1. First Miscellaneous Appeal No. 165 of 2011. Judgment Sheikh Abdul Awal J.- This appeal is directed against the judgment and order dated 28-5-2005 passed by the learned Joint District Judge, 2nd Court (in-charge), Gazipur in ..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....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......esumption that no person will make a statement against his interest unless it is true; at all events, such confession may reasonably be taken to be true as against himself. A confession duly made and satisfactorily proved is, in general, sufficient to warrant a conviction without corroboration......libi, not set up at the earliest stage, is, in most cases, unconvincing, in proving the plea of alibi, the accused need not be required to prove the exact time and every moment of time involved in order to sustain his defence. It is sufficient for him to raise a reasonable doubt of his presence ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
....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.....................Appellant Vs. Kazi Mahbubuddin Ahmed .....................Respondent Judgment November 14, 2012. Result: The appeal is dismissed. Confession and second confession A confession is an admission made at any time by a person charged with ......alibi, not set up at the earliest stage, is, in most cases, unconvincing, in proving the plea of alibi, the accused need not be required to prove the exact time and every moment of time involved in order to sustain his defence. It is sufficient for him to raise a reasonable doubt of his presence..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....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...... Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shamsul Kabir Humayun Reza………………Petitioner Vs. Anwarul Hasan and Others……………………Respondents (In Civil Peti......he Respondents (In Civil Petition No.2198 of 2011) Civil Petition for Leave to Appeal No.2199 of 2011. With Civil Petition Nos.1671-1672 and 2198 of 2011. (From the judgment and order dated the 10th day of February, 2011 passed by the High Court Division in First Appeal No.357 ..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....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...... Judgment November 11, 2012. Result: The Rule is discharged. Negotiable Instruments Act, 1881 [XXVI of 1881]; Section 138 The cheque was dishonored for insufficient fund; and legal notice was issued and served on 7-9-2009 and within next 30 days from the date of cause of......e learned Joint Sessions Judge, Second Court, Jamalpur in Sessions Case No.118 of 2010 rejecting prayer for discharge of the accused-petitioner, should not be set-aside or and/or pass such other order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rul..Category: Others | Date: 11 Nov, 2012 | Hits: 8
....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......his Case is also Reported in: 21 BLT (HCD) (2013) 51.
......ity or jurisdiction to terminate the plaintiffs. Only the Managing Director of Sonali Bank could legally terminate the plaintiffs since he was the appointing authority of the plaintiffs. The impugned order of termination was mala fide, illegal and without jurisdiction and the order was passed withou..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....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......ision (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Ali Haider Chowdhury .................Petitioner Vs. State and another…………………...Opposite Party Judgment ......f the Prevention of Corruption Act, 1947 and Rule 15 of the Emergency Power Rules, 2007, now pending before the Special Judge, Court No.3 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. Facts relevant to disposal of the ..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....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 ......arkar J Advocate Asaduzzaman Siddiqui................ Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, P.S. Ramna, Dhaka and others.………...... Respondents. Judgment November 8, 2012. Result: Th...... authority and why a direction should not be given upon the respondent nos.1-4 to take legal action against the respondent no.5-8 under the provision of Penal Code and/or pass such other or further order or orders as to this Court may seem fit and proper. 4. Facts leading to the issuance of ..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... 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......ision (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badrazzaman J Mosharef Hossain (Md.).............................Petitioner Vs. Bangladesh and others..........................Respondents Judgment November...... Writ Petition No. 4123 of 2011. Md. Ashfaqul Islam J. - At the instance of the petitioner, Md. Mosharef Hossain, this Rule Nisi was issued calling upon the respondents to show cause as to why order No. 14 dated 8-5-2011 (Annexure-D-1) passed by the learned Judge, Artha Rin Adalat and Joint D..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
....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......Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Anti Corruption Commission……………………Petitioner Vs. Md. Obaidul Karim and another................Respondents Judgment November 4, 2012. Result: The le......ucted by Muhammad Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented- For Respondent No.2. Criminal Petition for Leave to Appeal No. 656 of 2012. (From the judgment and order dated 25th September, 2012 passed by the High Court Division (Vacation Bench) in Criminal Misc..Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....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......te ………......................The Respondent Judgment October 18, 2012. Result: Death Reference No.36 of 2007 is rejected. Criminal Appeal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. Cases Referred to- Md. Jiaur Rahman Vs. The St......udge, Lakshmipur (briefly as Judge), for confirmation of death sentence of condemned-prisoner. 2. By the above appeals the appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 23.05.2007 passed by learned Judge, in Sessions Case No. 14 o..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
....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......ellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imrnan Ali J Md. Shamsul Huda J Khan Matarhar and another..........................Petitioners Vs. Nirmalendu Mondal and others..............un, Advocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.923 of 2009. (From the judgment and order dated 14.01.2009 passed by the High Court Division in Civil Revision No.6944 of 2001.) J..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
.... Ain, 2003 passed by the Adalat on 07.10.2007 in the execution case without compliance of the provisions laid down in section 34(9) of the Ain, 2003 should not be declared to have been passed without lawful authority and is of no legal effect. 3. The decree-holder-Bank contested the Rule by fi...... Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Shamsul Huda J Abdur Razzaque Chowdhury and others.......Petitioners (In both cases) Vs. Artha Rin Adalat and others.................... None represented-For the Respondents (In both cases) Civil Petition for Leave to Appeal No. 648 of 2010. with Civil Petition No. 434 of 2011. (From the judgment and order dated the 10th day of January, 2010 and the 3rd day of February, 2011 passed by the High Court..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....lf is unable to control or maintain discipline in the cases of running of the Rickshaws on the streets of Dhaka, nevertheless the Corporation is the only authority and the Ordinance, 1983 is the only law for regulating the number of Rickshaws to be granted on the street. The trial court failed ......sh;For the Petitioners. Civil Revision No. 2272 of 2000. Judgment Md. Moinul Islam Chowdhury J. — At the instance of the defendant-petitioners, Mayor, Dhaka City Corporation and others, this Rule has been issued calling upon the opposite party to show cause as to why t......hury J. — At the instance of the defendant-petitioners, Mayor, Dhaka City Corporation and others, this Rule has been issued calling upon the opposite party to show cause as to why the order No. 8 dated 30-1-2000 passed by the Assistant Judge, 4th Court, Dhaka in Title Suit No. 321 of..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
.... dated 19-10-2010 and B/E No.C63728 dated 23-5-2010, Bill of Lading No.S00005349 dated 11-4-2010 and Bill of Lading No.S00005402 dated 15-4-2010 should" not be declared to have been done without lawful authority and is of no legal effect and as to why the respondents should not be directed to r......he People's Republic of Bangladesh calling upon the respondents to show cause as to why the holding of the imported duty paid goods covered under Letter of Credit No. 209610010034 dated 18-3-2010 and B/E No.C137775 dated 19-10-2010 and B/E No.C63728 dated 23-5-2010, Bill of Lading No.S00005349 d......ed under the custody of the Port Authority. The Cargo unloaded is subject to the elaborate legal regime established under the Import and Export (Control) Act, 1953, Import Policy Order, Export Policy order adopted from time to time. The Chittagong Port is at the same time subject to fiscal and legal..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
....ister of Health and Family Welfare during the preceding Four-Party-Alliance Government. It is categorically stated in the application that the accused-petitioner was arrested on 07-3-2007 by the law enforcing agencies under Rule 3(1) of the Emergency Power Rules, 2007. Subsequently, he was serv......1. ......)(5) of the Emergency Power Rules, 2007 and section 109 of the Penal Code, now pending before the learned Special Judge, Court No.8, 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. Facts leading to issuance of the R..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Grameen Solutions Ltd. Vs. Registrar, Joint Stock Com¬panies and Firms, 2012, 41 CLC (HCD)
.... submits that in the case of company limited by shares it may be permitted to reduce its share capital in any manner, meaning thereby a selective reduction is also permissible within the framework of law. He then, referring to Annexure 'G' series (Anne-xureG-G-9), further submits that the me......h Court Division (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J Grameen Solutions Ltd…........Petitioner Vs. Registrar, Joint Stock Companies and Firms..............Respondents Judgment October 15, 2012. Result: The propos......(which shall in fact be the section 60) of the Companies Act, 1994 (the Act) for confirmation of reduction of share capital. 2. Facts leading to filing of this application, in brief, are that in order to increase its capital base, the Company issued 1,98,000 (one lac ninety eight thousand)..Category: Company Law, Corporate Law | Date: 15 Oct, 2012 | Hits: 11
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....e Revenue Survey (S.A.) in the name of government, the present plaintiff-opposite party filed the present suit for declaring the recording in R.S. Khatian in the name of Government as illegally and unlawfully made by the office of the government by a gross mistake and nor binding upon the present-op...... This Case is also Reported in: ......as issued calling upon the opposite party to show cause as to why the judgment and decree complained of in the petition moved in Court today should not be set aside and /or pass such other or further order or orders as to this court may seem fit and proper. 2. This Rule is directed against the j..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
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