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AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....hich operates in its own domain free from dictation and encroachment from the others. It is in utmost public interest and for the preservation of the democratic process and the Rule of Law that these provisions of the Constitution dealing with the separation of powers are not in any manner violated ......d Article 78(1) of the Constitution and what reasonable action may be taken for such conduct is being left for the Hon'ble Chief Justice for necessary action in consideration of the matter is without lawful authority and of no legal effect. 2. It has been stated in the petition that the petition..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Nalu Vs. State, 2012, 41 CLC (AD)
.... section 342 of the Code of Criminal Procedure, we are of the view that the condemned-prisoner was not a minor at the time of commission of the offence. Therefore, he was not entitled to avail of the provisions of the Children Act, 1974 so far as those relate to youthful offenders. 16. Admitte......isoner, submits that the condemned-prisoner seeks mercy of this Court and that his sentence of death may be commuted to one of imprisonment for life. There is no scope for showing mercy in a Court of law. But it is not out of place to quote a few lines from “The Nature of Judicial Process by B..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
....d first dissolve the Executive Committee and then appoint an ad-hoc committee and take steps for ensuing election by convening a meeting of the incumbent General Council. In flagrant violation of the provisions of clause 19.6 of the constitution, the President purportedly elevated one of the Joint S......ecutive Committee of Bangladesh Shooting Federation (hereinafter referred to as the Federation) on the basis of election of the said Federation held on 23rd December, 2008 to have been issued without lawful authority and is of no legal effect. The petitioners also sought a direction upon writ-respon..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
....of Dimla Police Station had been endorsed with investigation of the case who on conclusion of the investigation submitted police report on 21.04.2007 against the petitioner and another under the said provision of law. In the said police report it has been stated, inter alia, that the Divisional Comm......al Case No.01 of 2007 arising out of Dimla P.S. Case No.18 dated 21.02.2007 corresponding to G.R. No.40 of 2007, pending before the learned Special Judge, Rangpur should not be declared to be without lawful authority, inasmuch as the investigation could not be completed within the stipulated period ..
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
....nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33. ......eview of the said order in the High Court Division. The Secretary, Ministry of Lands, contested the writ petition and claimed that the Revenue Officer legally changed the record in accordance with law since the recorded tenant Gulshan Roushan Ally left this country in 1971 and his whereabouts ha..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
.... The said samity was an autonomous body and had its own constitution. As per its constitution, there was a procedure for formation of General, Executive and Advisory Committees. But there was no provision for formation of any ad-hoc committee under that constitution. The General Secretary ......illegal as the defendant No.1had no authority to issue such show cause notice upon the plaintiff. That the previous committee wherein the plaintiff was General Secretary was still in existence as per law and the defendant did not have any right to amend the constitution of the association. That..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)
....guarantors and as such not judgment debtors. III. Because the High Court Division wrongly found that the executing court became functus officio after granting certificate to Bank despite the provision of section 26 of the Artha Rin Adalat Ain, 2003 and Order 21, Rule 101 of the Code of Ci......aside the subsequent order of the Artha Rin Adalat passed in Miscellaneous Case No.22 of 2006 and directed the Artha Rin Adalat to dispose of the Miscellaneous Case No.22 of 2006 in accordance with law. 3. Being aggrieved by the said judgment and order, the auction-purchasers who are respon..Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
....nto a narrow compass than it is seen that petitioner honestly in good faith, in due case and attention for relief travel from pillar to post in whatever forum as was advised render the court to apply provision of section 14 of the Limitation Act . 6. We are view with the delay for preferring re......Vs. Md. Raisuddin and others................Plaintiff-Respondent-Opposite-Parties Judgment July 12, 2012. Result: The rule is made absolute. It is a settled principle of law that question of limitation is a mixed question of facts and law and needs to be settled only up..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
Government of Bangladesh and others Vs. A.T.M. Abdul Matin, 2012, 41 CLC (HCD)
....High Court Division a writ petition. The High Court Division by the impugned judgment made the rule absolute observing that the review petition filed by the writ petitioner was maintainable as per provisions of section 21 of the General Clauses Act; that the writ petition is maintainable and t......petitioners seek leave from a judgment and order of the High Court Division in Writ Petition No.10747 of 2006 making the rule absolute and declaring the impugned order to have been issued without lawful authority. 2. Writ petitioner was appointed as an auditor in the Thana Accounts Office,..Category: Procedural Law | Date: 12 Jul, 2012 | Hits: 4
....cerned quarters.
15. This power to punish for contempt, conferred in the apex Court under Article 108, cannot be restricted or trammeled by any ordinary legislation, including the provisions of the Contempt of Court Act, (enacted in India), vide AIR 1992 SC 904: Pritam Pal Vs.Hig...... Court the power to make order for investigation as well as to punish for contempt of this Court. This power is inherent, indispensable and is not subject to any kind of abridgement or limitation. No law is required to be enacted or promulgated for exercising this power. Besides, conferment of this ..
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
.... first: whether against the judgment and order passed by the learned District Judge in the artha rin miscellaneous appeal, revision would lie or writ would lie. The Ain, 2003 is a Special Law and its provisions have to be adhered to very strictly. Chapter VII of the Ain, 2003 has dealt with the appe......t been denied. Therefore, we find nothing wrong on the part of the petitioner to pursue his remedy in a proper forum, and we are constrained to say that the revisional Court without caring to see the law, namely, sections 40 and 42 of the Ain, 2003 observed that the revision application filed by the..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
....er of the writ petition, Rule was prayed for only against the District Judge, Dhaka calling upon him to show cause as to why the order dated 22.10.2009 dismissing Summary Suit No.16 of 2005 under the provisions of rule 2(2) of Order XXXVII of the Code of Civil Procedure “without passing by a Judge......er XXXVII (sic) Code of Civil Procedure; without passing the Court of District Judge, Dhaka the Court’s order granting leave to appear or to defend shall not be declared to have been passed without lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
....r. Karim submits further that the memo issued by the respondent No. 3 asking the petitioner bank to submit a report was in compliance of sub-section (3) of Section 178 of the Srama Ain, 2006 and this provision of law is a new insertions in the Srama Ain and no other similar provision was a......nts to show cause why the said judgment and order of affirmance passed by the Chairman, Labour Appellate Tribunal in Appeal No. 349 of 2011 should not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....herefore, by making the aforesaid allegation the petitioners are, in fact, inviting the respondents to indulge in discrimination by favouring the petitioners and hence, to act contrary to the said provision of law. Moreso, section 44(4) of the Public Procurement Act, 2006 provides that “a pro......s published in the “Daily Purbokon” on 18.05.2010 (Annexure-A-2), for container and containerised cargo handling at Chittagong port should not be declared to have been passed illegally, without lawful authority and hence, are of no legal effect. 2. Vide the interim order the respondents..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
....vidence as has been settled by the apex court in the cases reported in 44 DLR (AD) 192, 49 DLR (AD) 199, AIR 2001 SC 1444 and PLD 1971 SC 144, as cited herein before. 30. Having considered provision of sections 167(5) of CrPC the word "may" occurring in clause (a) and clause (b)......ী আসামীর স্বীকারোক্তি বিবেচনায় আনা যায়। Conviction can not be based solely on co-accused’s confession It is settled law that conviction can not be based solely upon the confession made by a co-accused as against the ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
....e property by operation of law became an abandoned. The memorandum of gift dated 01.01.1971 is an anti-dated and manufactured document to raise claim in the property. The so called gift is hit by the provision of clauses 20 and 21 of the leased deed. Recording of the names in the records of Ministry......ent’s Order) 16 of 1972 was promulgated neither the owner nor anybody on his behalf was there to look after, manage or control the property in question and as such, the property by operation of law became an abandoned. The memorandum of gift dated 01.01.1971 is an anti-dated and manufactured d..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....e viva voce exam. 4. After passing the written examinations, the petitioner had expectation that he will be recruited as Sub-Inspector of Police upon consideration of merit, as well as the quota provision reserved for the sons of the freedom fighters in view of the total number of successful ap......he appointment of sub-Inspectors of Police pursuant to the respondent No. 7's recruitment notice as published in the Daily Samakal on 27-3-2010 (Annexure-A-2), shall not be declared to be without lawful authority and of no legal effect, and as to why the respondents shall not be directed to recr..Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....ides for entries in the roll in order of seniority and Article 25 provides that the roll shall be made in order of seniority. The roll of Advocates prepared and maintained in accordance with the provisions of PO No. 46 of 1972 shall be the sole basis for holding the election of the Bar Council ....... Judgment Syed Mahmud Hossain J.- Civil Petition for Leave to Appeal No.1434 of 2012 and Civil Miscellaneous Petition for Leave to Appeal Nos.622-624 of 2012 involving similar questions of law having been heard together and are now disposed of by this common judgment. 2. Civil P..Category: Others | Date: 18 Jun, 2012 | Hits: 7
Government of Bangladesh and others Vs. Md. Mizanur Rahman (Mizan), 2012, 41 CLC (AD)
.... limitation holding that no specific reason was stated." Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 846. ...... to 20.01.2009 i.e. the date of filing the appeal before it were clearly explained in the application where neither the authority nor the learned Penal Advocate had any negligence and thus erred in law in rejecting the appeal as barred by limitation holding that no specific reason was stated." ..Category: Limitation Law | Date: 17 Jun, 2012 | Hits: 9
Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)
....controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......section 26(2)(Ka) of the Ain, 2004 and the impugned proceeding is nothing, but an abuse of the process of the Court and, as such, the same was liable to be quashed, the High Court Division erred in law in passing the impugned judgment and order discharging the Rule. 8. From the allegations m..Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10
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