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Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
.... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361 ...... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361 ......orruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361 ......nue/Auditor General, Bangladesh/ Secretary, represented by the Ministry of Law, Justice and Parliamentary Affair filed the writ petition and obtained Rule Nisi and order of stay. It is submitted that question of arithmetic calculation and the demand is absolutely a question of fact which cannot..Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2
Government of Bangladesh and oth¬ers Vs. Ashraf Ali, 2015, 44 CLC (AD)
....n 93A of the said Act. Admittedly, the respondent (writ-petitioner) or his predecessors were paid compensation. There was no dispute that after such requisition and payment of compensation, possession of the land was taken over and subsequently, the said land was allotted to different pers.......................Respondent Judgment May 12, 2015 Result: The appeal is disposed of. In spite of repeal of sections 93A and 93B of the Act the pending acquisition of disputed land shall be continued under the provision as if those have not been repealed. The Town Impro......n the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263 ......haka Improvement Trust (at present RAJ UK) under the provisions of section 93A of the Town Improvement Act, 1953 and those lands were finally acquired by a gazette notification. The land in question was requisitioned in LA Case No.41 of 1961-62 for the purpose of acquisition under section ..Category: Administrative Law | Date: 12 May, 2015 | Hits: 6
Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)
....d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292. ......d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292. ...... with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292. ......o. 8493 of 2010 making the Rule absolute with directions. 2. Both the petitions for leave to appeal arising out of the same judgment and order between the same parties and involving similar question of law and fact having been heard together are being disposed of by this single judgment. ..Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185. ......arma with intent to establish a secret and illicit physical relationship. But as the Romeo failed in the attempt, on the first date of occurrence i.e. on 1-2-2002 in the forenoon he exchanged garlands with Malati Rani and also put vermilion (sindur) on Malati Rani's head saying that by doin......Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185. ......e handedly carry a fully grown girl, gagging her mouth, crossing a number of houses. So the story itself does not sound convincing: The learned tribunal regarding its bona fide ought to have raised a question and resolved it. It requires a mention that no charge of adduction was levelled agains..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
....there was mandatory death sentence for trafficking drug in schedule II of section 29. The conviction was challenged on the ground that section 29 of schedule II providing mandatory death sentence for possession of such quantity of drug was unconstitutional. The Privy Council was of the view that the...... may form the basis of special reasons in section 354(3), circumstance found on the facts of a particular case, must evidence aggravation of an abnormal or special degree.
29. The position in England as stated in the Halsbury’s Laws of England, 4th Edition, and Vol.11 page 287 Para 481 as......respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......nality of section 6(2) of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995, (Ain XVIII of 1995) and section 34 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 (Ain VIII of 2000) has been called in question by the appellant Md. Sukur Ali, a death row convict, who has been convicted by the Nari-O-S..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....there was mandatory death sentence for trafficking drug in schedule II of section 29. The conviction was challenged on the ground that section 29 of schedule II providing mandatory death sentence for possession of such quantity of drug was unconstitutional. The Privy Council was of the view that the...... may form the basis of special reasons in section 354(3), circumstance found on the facts of a particular case, must evidence aggravation of an abnormal or special degree.
29. The position in England as stated in the Halsbury’s Laws of England, 4th Edition, Vol.11 page 287 Para 481 as fol...... under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......nality of section 6(2) of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995, (Ain XVIII of 1995) and section 34 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 (Ain VIII of 2000) has been called in question by the appellant Md. Sukur Ali, a death row convict, who has been convicted by the Nari-O-S..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
....Bhawal Raj Court of Wards Estate filed 4 objection cases being Nos. 263 to 266 all of 2000 under rule 30 of the Rules, 1955 for removing the name of the petitioners as appeared against the respective possession in their respective case lands in the draft record-of-rights challenging their tenancy; t......id writ petition will be heard and disposed of subsequently by a separate judgment, if the same has not been disposed of in the meantime. 3. It is stated in the writ petition that 84.09 acres of land under CS Plot No. 565 appertaining to CS Khatian No. 107 of Mouza Keraniganj at present Tejgaon......hs from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ......erused the petition and the annexures thereto, the impugned notices and the relevant provisions of law and considered the submissions of the learned Advocates for the respective parties. 12. The question which requires to be determined is whether the respondent No. 4, Charge Officer, Dhaka Sett..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
.... under sections 151 and 153 of the Code for correction of the schedule to the Execution Application. He also submits that the Rule was issued by this Court restraining the Respondent from taking over possession after effecting delivery of possession of the property to the auction purchaser. The....... 33 dated 3-7-2013. Further case of the Petitioners are that the schedule to the Plaint and the Execution Application description of the property given as follows:- All that piece and parcel of land measuring 14.33 (fourteen point three three) decimals situated in the District- Dhaka......te a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ...... it is also not the case of the Petitioners that the Bank sold the property not mortgaged with the Bank as security by bringing an amendment in the schedule to the application. 16. The only question is whether the law is so helpless as to be unable to give effect to the decree passed by th..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
....upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
......upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
......ication shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
......context of the UK Companies Act, 1948 thus:
"It is conceded that the word "impracticable" is not synonymous with the word "impossible"; and it appears that the question necessarily raised by the introduction of that word "impracticable" is merel..
Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 317. ......defendant-opposite party entered appearance in the suit and filed written statement contending that the plaintiffs have no locus standi to file the suit for permanent injunction against the defendant-landlord. The plaintiffs have no legal right to stay in the suit premises in question without any co...... DLR (HCD) (2015) 317. ......Vs. M Safiul-Alam....................................Defendant-Opposite-Party Judgment April 13, 2015. Result: The Rule is discharged. In deciding the question of rejection of a plaint— Court while deciding application about rejection of pl..Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
...., quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......ry, abduction not resulting in death, apostasy and drug-relatedcrimes. It has also excluded political offences, expressing particularconcern about very vague categories of offences relating to internaland external security, vaguely worded offences of opposition to orderand national security violatio......e limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......Chief Prosecutor, International Crimes Tribunals (ICT), 66 DLR (AD) 289). By reminding us of the limitations that circumscribe a review petitioner’s maneuverability, he proceeded to submit that questions revolving round the depositions of P.W.s. 11, 12 and 13 have been dealt with quite exhaust..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
....shy;cate the matters in accordance with law.
No cost.
Communicate the judgment to respondent No. 1 at once.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 98
......shy;cate the matters in accordance with law.
No cost.
Communicate the judgment to respondent No. 1 at once.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 98
......
Communicate the judgment to respondent No. 1 at once.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 98
......t revenue and the Rules are thus, liable to be discharged with costs.
10. In view of the submissions of the learned Advocate for the petitioner and the learned Deputy Attorney Generals, the sole question to be decided in the Rules is the legality of the impugned orders vide Nothi No. ৫(১৩..
Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....is conditional and intended as security for the debt, inasmuch as in place of sale deed it was mentioned as conditional sale. It was also recited that if the recipient of the deed failed to hand over possession on the demand of the vendors on repayment of principal amount in due time, they would be ......nbsp; Result: The appeal is dismissed. Sections 95 and 95A are special laws promulgated for the protection of poor tenants, maliks or raiyats from the clutches of the moneyed men or ex-landlords for restoration of mortgaged property in a summary manner without the intervention of the ......arned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ......of years from 21 April 1941. The suit is, therefore, not barred by limitation or in the alternative, the transaction is not past and closed one…….. (33) it does not appear that the question as to the right of redemption of a mortgage by way of filing a suit in civil Court within a..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)
....r of stay granted earlier by this i Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354 ......r of stay granted earlier by this i Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354 ......ecalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354 ......Rule arising and of section 138 of the Negotiable Instrument Act. High Court Division while discharging the Rule did not accept the contention that where the facts reveal that the transaction in question involves civil liability no criminal proceeding will lie and the criminal cases are li..Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0
Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)
....from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ......from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ......d be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ...... simple in nature. It is true that the opinion of a doctor who examines a victim as to whether a hurt is simple or grievous is not conclusive; the view of the doctor furnishes the Court a clue to the question. Four injuries have been mentioned in the medical certificate (Exhibit-4) and of these inju..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
....o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 20 BLC (HCD) (2015) 279
......egal authority to determine questions affecting the rights of subjects, and having the duty to act judicially'. The expression 'having the duty to act judicially' was used in England to limit the application of the rules to decision-making bodies similar in nature to a court of......ed to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 20 BLC (HCD) (2015) 279
......ndisputably the principle of "Audi Alter am Partem" was not adhered to prior to revocation of the gun licence of the petitioner by issuing the impugned Memo dated 14-5-2001. Now a pertinent question arises: what legal consequences will ensue for not following the principle of "Audi Al..
Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
Sarker and other Vs. Md. Nasibuddin and others, 2015, 44 CLC (AD)
....ed time from the date of knowledge of the registration of the sale deed. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 210. ......eous Case No. 34 of 1985. 2. The relevant facts, for disposal of this petition, in short, are that the respondents as pre-emptors instituted the aforesaid Miscellaneous Case for getting the land under dispute by way of pre-emption under section 96 of the State Acquisition and Tenancy Act s......ly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 210. ......r, submits that earlier the pre-emptors instituted the preemption case No.731 of 1973 against the impugned deed but the same was withdrawn since the same was filed at the prematured stage as deed, in question, was not registered under section 60 of the Registration Act at that time. Thereafter, the ..Category: Civil Law, Tenancy Law | Date: 1 Mar, 2015 | Hits: 24
Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
....t the petitioner. In the result, the Rule is discharged without any order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 245. ......ing to the Rule, in short is that the petitioner availed credit facilities of Taka 2 lakh from the respondent No. 2 Rupali Bank Limited, Khalishpur Khulna. The petitioner owned and possessed the same land which was mortgaged in favour of the respondent bank in order to secure the credit facilities. ......y order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 245. ......ী ঋণ-গ্রহিতা আর্থিক প্রতিষ্ঠানের বিরুদ্ধে ক্ষতিপুরণ করিতে পারিবেন” 6. The question that has to be addressed in this petition is whether the impugned auction notice and the su..Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7
Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
....he provisions under sub-section 6(kha) are such that they can be followed even not withstanding whatever contained in the entire section 33. This means, once the right to enjoyment and possession of the mortgaged property is conferred on the decree holder, it will be at liberty t...... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ...... of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ......can exercise its option to apply for title under sub-section (7) even in the middle stage of the proceedings under sub-sections (4) and (5). 6. The main question to be determined in this writ petition is whether once the 2nd auction sale in view of sub-..Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4
Ali Haider Chowdhury Vs. State, represented by the DC, Dhaka and another, 2015, 44 CLC (AD)
.... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147. ...... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147. ......for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147. ......tablished during investigation and that continuance of this criminal proceeding against him in an abuse of the process of the Court and that the High Court Division without considering this important question of law discharged the Ruleand, as such, the impugned judgment should be set-aside. 7. ..Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16
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