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Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....riminal Procedure while framing charge cause injuries the accused and because of the omission deprive him of proper taking defence and, as such, the error in the charge definitely occasion failure of justice." 45. It has also been held in the case of Nurul Islam alias Nur Islam Vs State re......d-appellant was also injured by the dagger of the thief and, as such, the accused-appellant acted for his self defence. He further submits that a citizen of the country has right for his self defence according to Article 42 of the Constitution and section 96 and 101 of the Penal Code. In support of ......t be made a subject matter of partition which means that no dual policy can be accepted regarding confession. It should be either believed or disbelieved as a whole. ........ (51) Cases Referred to- Noor Mohammad Vs. State, 38 DLR 111; Basir Kha Vs. State, 50 DLR 199; Nurul Islam alias Nur......statement under section 164 of the Code of Criminal Procedure. She further submits that if confessional statement is voluntary and true and the recording is in accordance with law, in that case Court can convict the accused on the basis of confessional statement She fur..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ......ized rents from the plaintiffs for 0473 Ajutangsha of land. When objection raised to this, they were said that when Tasdik Parcha will be published finally they will realize rents from the plaintiffs accordingly. Their names were recorded in Tasdik Parcha for 0586 Ajutangsha of land, in Khatian No.5......plaintiff prayed for a decree for declaration of 16 annas ownership in the suit property with further prayer of confirmation of possession. 3. It is plaint case that suit land originally belongs to Amol Sing Bahadur, Sib Krishana Sing Bahadur, sons of late Maharaj Pran Krishna Sing Bahadur, Mah......ed in different Banks in the name of deceased Abdul Majid. After the death of Abdul Majid, his aforesaid sons, daughters and wife became owner and possessor of the property as successor as per Muslim law of inheritance. Plaintiff No.1 is the husband of the plaintiff No.2. Plaintiff No.1 purchased .0..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ent's pleasure”. In the case of Union of India Vs Sankal Chand Himatlal (AIR 1977 S.C. 2328) Bhagwati J observed that the independence of Judiciary is a fighting faith of the Constitution. Fearless justice is a cardinal creed of this foundation document. Indian Supreme Court in the case of S.C. Ad......of the Constitution relating to that organ individually as well as to the provisions relating to other organs. The basic tenet of the Rule of law is that Power is derived from, and is to be exercised according to law. These basic tenets remain relevant and significant in every democratic country. It......e and Parliamentary Affairs and others..................................… Respondents Judgment July 24, 2012. Result: The petition is decided with few observations. Cases Referred to- Farooq Ahmed Khan Leghari Vs. Federation of Pakistan, PLD 1999 SC. 57, Ministry of Finance V......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
Jamat Ali Vs. State, 2012, 41 CLC (AD)
....al statement and as such he was on better footing than the other confessing co-accused Mokbul, but the High Court Division has failed to appreciate this position and thus has committed miscarriage of justice in not commuting the death sentence of this accused petitioner Jamat Ali also. The learned a...... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ......lt: The petition is dismissed. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Respondent—Not represented. Criminal Petition for Leave to Appeal No.367 of 2009 (From the judgment and order dated 27.01.2008 passed by the High Court...... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ..Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70
Nalu Vs. State, 2012, 41 CLC (AD)
....nes from “The Nature of Judicial Process by Benjamin Cardozo” as under: “There is an old legend that on one occasion God prayed, and his prayer was “Be it my will that my justice be ruled by my mercy” 22. Taking into consideration, the facts and circumstances......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......……..........................Respondent Judgment July 22, 2012. Result: Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Case Referred to- Gregg Vs. Georgia, (1976) 428 U.S. 153. Lawyers Involved: A. B. M. Bayezid, Advo......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)
.... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ...... shall be paid a sum of TK.3, 00,000.00 by the Bangladesh Shooting Federation as his honorarium for doing the job. The operative portion of the judgment of the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abo...... Md. Wahidullah, Advocate-on-Record- For the Petitioner. Rokanuddin Mahmud, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.663 of 2010. (From the judgment and order dated the 10th day of March, 2010 passed b......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
....lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law.
Abdur Rob J. - I agree.
Ed.
This Case is also Reported in:
......investigation of the allegation under section 409 of the Penal Code is to be done by the Commission only as such, the Court had decided that further investigation was to be done by the Commission and accordingly, sent the same to the authority concern to that effect. In this regard drawing attention......is discharged.
The Anti-Corruption Commission Rules, 2007, Rule 10
Since rule 10 of the Rules, 2007 does not incorporate any consequence as such, for non-compliance of the same with regard to conclusion of investigation within the prescribed period of time cannot be treated as mandatory, ......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. ......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. ...... Vs. Mir Md. Imam Hossain………………………….Respondent Judgment July 17, 2012. Result: The appeal is dismissed. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Appellants. Abdur Rob C......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)
....tly formed the ad-hoc committee as per provision of law. The learned counsel has contended that the High Court Division as well as the courts below have committed serious error of law and also injustice in decreeing the suit without considering the legal aspects and without assessing the e......rdinator of WDP project obtained salary as well as house rent from the fund of the samity which was illegal. That the newly formed committee obtained a number of allegations against the plaintiff and accordingly a meeting was held on 28-2-1993 and a decision was taken to take action against the plai..................Petitioner Vs. Fazilatunnesa and other...................Respondents Judgment July 15, 2012. Result: The petition dismissed. Cases Referred to- The petition it is dismissed. Lawyers Involved: Sigma Huda, Advocate instructed b......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)
....g 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 Civil Procedure, thus committed error of law occasioning failure of justice. Security of Tk. 1,000/- is to be deposited within 1 (one) month. Preparatio......ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......rs Involved: Abdul Quiyum, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented-For the Respondents. Civil Petition for Leave to Appeal No.723 of 2009. (From the judgment and order dated 1.2.2009 passed by the High Court......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)
.... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ...... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ......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 upon taking evidence and further in terms of the decisions of the superior courts......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)
....ated 23rd October, 2008 passed by the High Court Division in Writ Petition No.10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ......ated 23rd October, 2008 passed by the High Court Division in Writ Petition No.10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ......hers..........Petitioners Vs. A.T.M. Abdul Matin........................................Respondent Order July 12, 2012. Result: Leave is granted. Cases Referred to- Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111; Bangladesh Vs. Safiuddin and others, 3 BL......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
.... the powers and functions of the three organs of the government. It has to be made clear to them that this Court is not a helpless machinery and that this Court is not only a Court to administer justice, but is the judicial organ of the state and exercising sovereign judicial power of the ......all cases, the apology made then perhaps one day the Court may not see compliance of its order or upholding its dignity, which is the precondition to ensure that the state is being governed according to law, not by the law breakers. The situation, if so arises, is bound to collapse the rul......ddique Wali Chartered Accountant and Receiver of Marsu Ltd........................Respondent-Contemner
Judgment
July 10, 2012.
Result:
The Rule is disposed of.
Cases Referred to-
Pakistan, Ministry of Law Vs. Judges of West Pakistan, Lahore, 16 DLR (SC) 535; Raizuddin K...... 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)
....ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ...... the said observation of the learned Judge of the Single Bench, the learned Advocate for the petitioner submitted that he had got instructions from his client not to proceed further with the Rule and accordingly, the Rule was discharged as “being not pressed.” Then the petitioner filed the writ ......cate-on-Record-For the Petitioner. Awlad Ali, Senior Advocate (with Mamunor Rashid, Advocate) instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.605 of 2010. (From the judgment and order dated the 11th day of March, 2010 passed ......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)
....view of the above we find substance in the contention of the learned Advocate for the opposite party bank. We hold that the learned District Judge has committed no error of law occasioning failure of justice in setting aside the ex parte decree. In view of the above, we find no merit in this rule....... stated hereinbefore) is a Banker within the meaning of section 3(b) of the Act, 1881 transacting the business of accepting deposit of money from the public payable on demand and withdrawal by order; according to the provisions of sections 5 and 6 of the Act, 1881, Bill of Exchange drawn on Bank is ...... Involved: Safi Uddin, in person -For the Petitioner. Syed Shaheed Hossain, Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 2208 of 2011. (From the judgment and order dated the 16th day of May, 2011 passed......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)
....xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ...... this provision of law is a new insertions in the Srama Ain and no other similar provision was available in the repealed law i.e. Industrial Relation Ordinance 1969. This aspect of the case according to the learned Advocate for the petitioner is also a distinguishable feature which makes t...................Petitioner Vs. Labour Appellate Tribunal and others ..........Respondents Judgment July 7, 2012. Result: The rule is made absolute. Cases Referred to- Palli Daridra Bemochan Foundation Vs. Palli Daridra Foundation Karmachari Union (proposed),......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)
....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......2/2008 dated 21.01.2008 issued by respondent No.3 the respective stevedoring firms had been duly informed that their respective licenses would be renewed. Repeated requests and reminders were made accordingly by both the petitioners and respondent No.5 (Bangladesh Masters Stevedores Association)......on No.4285 of 2010. Judgment Farah Mahbub J.- In this Rule, issued under Article 102 of the Constitution of the People’s Republic of Bangladesh, the respondents have been called upon to show cause as to why the impugned amendment of the Regulations for Working of Chittagong Port (C......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)
.... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ......ely 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 non-confessing accused and there is nothing to disagree with this settled position of law.......... (17) Confession, not a mere scrap of pa......ী 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
.... an abandoned property. In the early part of 2000 AD, the writ petitioner came to know that the property has been enlisted in the ‘kha’ list and thereupon he served legal notice demanding justice upon the writ-respondents by delisting the property from the list of the abandoned buildings......any finding in respect of the oral gifts found that the disputed property was wrongly listed in the ‘kha’ list of the abandoned buildings. He goes on to submit that subsequent events i.e. according permissions transfer of the disputed property by some unscrupulous employees of the Minist......ppellant
Vs.
Orex Network Limited and others………...............Respondents
Judgment
June 20, 2012.
Result:
The appeal is allowed.
Cases Referred to-
Government of Bangladesh represented by the Secretary, Ministry of Works Vs. Md. Jalil and ......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)
....- The doctrine of promissory estoppel has been variously called 'equitable estoppel', 'quasi estoppel' and 'new estoppel'. It is a principle evolved by equity to avoid injustice and through commonly named 'promissory estoppel', is neither in the realm of contrac...... the recruitment of Sub-Inspectors of Police. We note that the petitioner in the instant writ petition is the son of a valiant freedom fighter and have successfully passed the written examination and accordingly was called to face the viva voce examination. It further appears that the respondents di...... Result: The Rule is made absolute. The Applicability of the Doctrine of Legitimate Expectation- The Doctrine of Legitimate Expectation is only an aspect, which does not give rise to an enforceable right but only provides that the action taken by the authority while dealing with ......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
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