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....from April 2011, within 2(two) weeks from the date of receipt of this judgment.
Communicate copies of the judgment at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 46.
......inquiry committee and keeping the issue still alive, as appears from the affidavit-in-opposition.
12. The affidavit-in-opposition does not suggest that the UCCA and BRDB are corruption-free or effectively eradicated all sorts of corruption and misuse of official powers at higher ......bsp;
Result:
The Rule is made absolute
Constitution of Bangladesh, 1972; Article 102(2)
The nature of order stopping salary, allowances and keeping off the indicted employee from duty is unheard of and not known to law. Law provides entitlement of allowance to the public se......from April 2011, within 2(two) weeks from the date of receipt of this judgment.
Communicate copies of the judgment at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 46.
..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ......ition denying all the material allegations made in the contempt petition and contended that the report was published on the basis of records of the Chittagong University in exercise of their right of freedom of press and that they did not intend to bring the court into disrepute or to interfere with......ice delivery system. He pointed out that as a result of the inquiries several cases of forgery were discovered and a number of concerned officials have been taken to task and some have been dismissed from service. He submitted, therefore, that scadalisation of the Supreme Court was neither inte......mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
....ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
......ent, it shall be liable to be struck down for being foul to Article 27 of the Constitution.
37. The use of group classifications for any purposes amounts to invidious discrimination. The goal of free society should be colour-blindness, gender-blindness, blindness to all those ascribed char......ivilege to a certain group of people of the country by depriving a large scale of citizens of Bangladesh in respect of filing corruption cases. The new section 32Ka requires sanction/permissions from the Government before filing cases against Judge, Magistrate and Government employee. Being agg......ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......n this connection we are to quote an observation made in case of State of Punjab Vs. Jagir Sing; reported in SCC (1974) PP 285-286: "A Criminal trial is not like a fairy tale wherein one is free to give flight to one's imagination and fantasy. It concerns itself with the question as to......n court and gave an elaborate judgment convicting the accused persons upon finding that the prosecution case was fully corroborated. The learned Tribunal Judge observed that the victim was taken back from her previous employer in Mirpur under false pretext and sent to the house of accused Mostafizur......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ......ical analysis of their evidence, it seems that they have deposed before the Court in a credible manner. We do not find any marks of falsehood in their evidence. In other words, their evidence is free from blemish or suspicion. Moreover, the various Exhibits lend support to the prosecu......;tia. 2. The prosecution version of the case, in short, is as follows: The accused-appellant ATM Nazimullah Chowdhury had been the Ambassador of Bangladesh to the United Arab Emirates (UAE) from March, 2006 to 30th June, 2008 on contractual basis. During his incumbency as Ambassador o......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
......humanity, murder, rape, arson etc. and its continuous activities to date to inflict injury and provocations both by words and deeds to the spirit of the War of Liberation of 1971 and insults targeted freedom fighters many of whom are still living and purport damage, undermine and tarnish the image, ......fluenced by any external exigency or political expediency or any other superfluous interests. Because the petitioner demand the observance of the rule of law and adherence to the constitutional norms from the constitutional functionaries of the Republic. Firstly, because the impugned registration (h......hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....frontiers of locus standi has remarkably expanded with the resultant development of public interest litigations covering multiple areas like minority rights, race and gender relations, public health, environmental pollution, social exploitations, consumer protection etc.
21. In 1970's Engla......Facts leading to this Rule (as transpired from the writ petition), in brief, are as hereunder:
The Election Commission (hereinafter referred to as "the Commission"), in order to hold a free, fair and credible general election exchanged views with the political parties and stakeholders......ndent No. 1 as a political party by the Respondent No. 4 shall not be declared to have been given without lawful authority and is of no legal effect.
2. Facts leading to this Rule (as transpired from the writ petition), in brief, are as hereunder:
The Election Commission (hereinafter refer......ocus standi has remarkably expanded with the resultant development of public interest litigations covering multiple areas like minority rights, race and gender relations, public health, environmental pollution, social exploitations, consumer protection etc.
21. In 1970's England found a cha..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......cordingly, the accused petitioner on behalf of the company issued a cheque being Cheque No. 6403508 dated 08.07.2008, in favour of the complainant, for an amount of Tk. 20,00,000/- (twenty lac) only, from his C/D Account No. STD 16 maintained with Uttara Bank Ltd. Siddeswari Branch, Dhaka against th...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......deshi citizen, vide the passport annexed. Next referring to Bangladesh Bank Guidelines for Foreign Exchange Transactions, Volume-1, chapter 9, section 1, he further submits that foreign investors are free to make investment in Bangladesh in the industrial enterprises excepting a few reserved se......r No. 3735 of 2010. Judgment Md. Rezaul Hasan J. — This is an application filed under section 43 of the Companies Act, 1994 (the Act). 2. Let the supplementary affidavit do from part of the substantive application. 3. It has been stated in the application, amongst oth......The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......plaintiff to pay the outstanding dues, if not paid in the meantime, with a view of confer complete and clear title upon him. There cannot be any transfer of ownership unless the suit property is free from encumbrance. The substance of the agreement has to be construed in giving a correct a.......) Judgment SK Sinha J. - Appellant is the defendant in a suit for specific performance of contract for sale of immovable property, which includes a house and a shop, who has obtained leave from this, Division from a judgment of the High Court Division which has affirmed that of the trial ......ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......nbsp; 53. This provision of law clearly and consciously ousted the power of sanction of the Government keeping the sprit that Anti-Corruption Commission being a statutory body it should be free from any interference by the Government. Section 20(1) of the Anti-Corruption Ac......ce under section 2/4(2) of the Money Laundering Protirodh Ain, 2009. 35. In the first information report it has been alleged, inter alia, that accused Giasuddin-al-Mamun demanded money from one Begum Khadija Islam, Chairman of Nirman Construction, with assurance that an work order wou......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ...... case pending against the petitioner. If it is, there is no bar to issue MRP Passport in favour of the petitioner. 11. Now we would like to move on next submission of MR Uddin in respect to freedom of movement so far the petitioner's right is concern. In this view, we shall be gainful ...... pending against him. 6. In order to sit in judgment the matter we have gone through the Writ Petition, perused the annexures, relevant law and materials on record. 7. It is come into sight from the submission of the learned Assistant Attorney-General that there are three criminal cases ar......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ...... the suit plot in 1922, Alfat Bepari died leaving behind seven sons and two daughters as his heirs. They claimed title to the suit land whereupon the plaintiffs in order to make their right and title free from all controversies obtained a deed of exchange in the name of plaintiffs No.3 from Abdul Ma......suit plot in 1922, Alfat Bepari died leaving behind seven sons and two daughters as his heirs. They claimed title to the suit land whereupon the plaintiffs in order to make their right and title free from all controversies obtained a deed of exchange in the name of plaintiffs No.3 from Abdul Majid a......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......n Commission Act 2004 (“the ACC Act”) asking the petitioner to submit the statement of assets in her name, her husband’s name or in the name of her dependants, within 7 working days from the date of the receipt of the said notice. The notice further stated that if the statement of ......ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......dquo; 53. This provision of law clearly and consciously ousted the power of sanction of the Government keeping the sprit that Anti-Corruption Commission being a statutory body it should be free from any interference by the Government. Section 20(1) of the Anti-Corruption Ac......d/or such other or further order or orders passed as to this Court may seem fit and proper. 5. Record of the case need not be called for. 6. This Rule is made returnable within 2(two) weeks from date. Md. Faruque J.- In this revisional application under section 10(1A) o......ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ...... observance of all necessary formalities and precautions provided in section 164 (3) of the Code of Criminal Procedure with minute particularity so as to ensure that the confession is absolutely free from the slightest tinge or taint of extraneous influence. "It is a settled principle......ulting in her instaneous death at the spot. Thereafter, her head was decapitated, wrapped up in a polythene bag and thrown away into a 'doba' at Garua Mouza at a distance of about 50/60 yards from Solia Mouza. On coming to know about the beheaded female dead body lying at Solia Mouza, the P.......the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
.... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ...... proceedings should not be quashed. He then submits that admittedly the petitioner is a beneficiary of the illegal transaction and if the Rule is made absolute, other beneficiaries will get scot free and this will have demoralized effect upon the prosecution case and from this stand-point, the ......propriate in the circumstances of the case. After expiry of the period or filing of the charge-sheet, as the case may be, the accused must appear before the court concerned and obtain fresh bail from the Court on the merit of the case…………………(45) ...... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ......h local area. (10) Special qualification for running Rickshaw on the main road. (11) Free treatment to a valid licence holder in the public hospitals. (12) Footpaths must be made free from all obstruction for walking of people. (13) Registration of the Associations for Rick......t the present opposite party as the plaintiff filed the Title Suit No. 321 of 1999 in the 4th Court of Assistant Judge, Dhaka for a decree for permanent injunction restraining the present petitioners from creating obstruction for putting rickshaws for which they have been permitted to run on th......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ..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)
....findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ...... (section 73 of the Customs Act) is subject to fiscal liability for entry into Bangladesh for home consumption or warehousing (section 79 of Customs Act). The cargo is discharged from the vessel free from any encumbrance whatsoever. The New South Wales Court's jurisdiction and litigants leg...... 4. Mr. Ariff further submits that the petitioner earlier released goods covered under house bill of lading No.S00005367 dated 29-4-2010 under the very same LC No.20961001-0034 dated 18-3-2010 from same shipping Co. i.e., respondent No.6 on 5-7-2010 against the shipping document e......findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......anjan Bose, Sudhir Kumar Bose, Sukumar Bose, Narayan Chandrfa Bose and Satish Chandra Bose as his legal heirs to the lands of Khatian No.168 . And in order to make the title of the owners to the land free from all possible claims the legal heirs of benamdar Jaanada Bashini Ghose, Sachindra Kumar Gho......al or unlawful. 9. He also submits that the plaintiff-opposite party as being plaintiff of the suit mentioned nothing in the plaint about the change of title i.e. name of the C.S. recorded tenant from whom the said Ahsan Ullah Bhuiyan obtained his title, therefore, the plaintiff has utterly fail......ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
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