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Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....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...... Result: The appeal is allowed. Confessional statement, not a verbation statement of the accused The facts of confessional statement are being gathered by a Magistrate on question and answer basis. So the recorded confessional statement can not be the verbatim statement of the ac......in Begum Bithi, AAG and Kazi Ebadath Hossain, AAG— For the State. Criminal Appeal No. 2349 of 2002. Judgment Mir Hashmat Ali J. - This appeal is directed against the judgment and order of conviction dated 27-6-2002 passed by learned Sessions Judge, Meherpur in Sessions Case No.0..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....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......D) (2013) 46. ...... Result: The appeal is dismissed. State Acquisition and Tenancy Act, 1950 (XXVIII of 1951); Section 144B. No suit or application shall be brought in a civil court in respect of any order directing the preparation or revision of record-of-rights under this chapter or in respect of ..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....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......n) Present : Hasan Foez Siddique J ABM Altaf Hossain J AKM Shafiuddin.......................… Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others..................................… Respondents Judgment ......"Sarak Bhabon case" was filed in a Division Bench of the High Court Division wherein the rule was issued which was ultimately made absolute. The respondents of the writ petition failed to execute the orders. Accordingly contempt case being Contempt Petition No. 56 of 2012 was filed. The contemners a..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Jamat Ali Vs. State, 2012, 41 CLC (AD)
.... 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. ......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 Division in Criminal Appeal No.3084 of 2004 with......lved: 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 Division in Criminal Appeal No.3084 of 2004 with Dea..Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70
Nalu Vs. State, 2012, 41 CLC (AD)
....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...... Lawyers Involved: A. B. M. Bayezid, Advocate- For the Petitioner. Md. Shahrowardi, Deputy Attorney General- For the Respondent. Jail Petition No. 09 of 2010. (From the judgment and order dated 10th November, 2009 passed by the High Court Division in Death Reference No.78 of 20......wyers Involved: A. B. M. Bayezid, Advocate- For the Petitioner. Md. Shahrowardi, Deputy Attorney General- For the Respondent. Jail Petition No. 09 of 2010. (From the judgment and order dated 10th November, 2009 passed by the High Court Division in Death Reference No.78 of 2005 w..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
....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......ah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J A.N. Istiaq Ahmed.......................................Petitioner Vs. Abdus Salam Khan and others...................Respondents Judgment July 19, 2012. Result: The petition is......ner. 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 by the High Court Division in Writ Petition No.1218 o..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
....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 ......
This Case is also Reported in:
......nnot be treated as mandatory, rather it is directory. However, in such cases while accepting the police report, if filed beyond the prescribed period of time, the Court is to look into this aspect in order to be satisfied that there was no intentional laches on the part of the Investigating Officer ..
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
....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......sent: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others ............Appellants Vs. Mir Md. Imam Hossain…………………………......wdhury, Senior Advocate (with. M.A. Samad, Senior Advocate), instructed by Md. Zahirul Islam, Advocate-on-Record-For the Respondent. Civil Appeal No. 209 of 2007. (From the judgment and order dated 21.1.2002 passed by the High Court Division in Writ Petition No.3445 of 1998.) Jud..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
....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...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Aysha Siddiqua ..............................Petitioner Vs. Fazilatunnesa and other...................Respondents Judgment July 15, 2012. Result: ......er. Qumrul Haque Siddique, Advocate instructed by Aftab Hossain, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1326 of 2009 (From the judgment and order dated 25-3-2009 passed by the High Court Division in Civil Revision No.2944 of 2006.) Jud..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)
....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......n CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Rafiqul Islam and others....................................Petitioners Vs. Md. Azmal Hossain and other......ucted 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 Division in Civil Revision No.2359 of 2007.) Ord..Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
....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...... 21 BLT (HCD) (2013) 1 ......, filed review petition being review Case No.19 of 1998 for reviewing the judgment and decree dated 1-6-1998 passed in the appeal. The review petition was allowed by the learned Sub-ordinate Judge by order dated 22-9-1999. The learned Judge ordered for hearing of the appeal afresh and after hea..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
Government of Bangladesh and others Vs. A.T.M. Abdul Matin, 2012, 41 CLC (HCD)
....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,......ltana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh, represented by the Secretary, Finance Division, Ministry of Finance, Bangladesh Secretariat, Dhaka and others..........Petitioners Vs. A.T.M. Abdul Matin.........................................Abu Sams Md. Khalequzzaman, Advocate-on-Record—For the Petitioners. Not represented- For the Respondent. Civil Petition for Leave to Appeal No.839 of 2009. (From the judgment and order dated 23.10.2008 passed by the High Court Division in Writ Petition No.10747 of 2006.) O..Category: Procedural Law | Date: 12 Jul, 2012 | Hits: 4
.... 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 ......d in: 65 DLR (HCD) (2013) 237
...... June, 2012, the respondent contemner himself has personally appeared today, before this Court.
2. This contempt Rule was issued at the instance of the petitioners for not complying with an order passed by this Court on 2-5-2012, in company Matter No. 116 of 2006, whereby the contemner (as..
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)
....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...............Petitioner Vs. Janata Bank, Ullapara Branch, Sirajgonj........Respondent Judgment July 8, 2012. Result: The petition is disposed of. Lawyers Involved: Mohammad Ali Akanda, Advocate instructed by Haridas Paul, Advocate-on-Record-For the Petitioner. Awlad Ali, Seni......or 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 by the High Court Division in Writ Petition No.6684 o..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
....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......ioner. 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 by the High Court Division in Writ Petition No.8824......r. 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 by the High Court Division in Writ Petition No.8824 of ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
....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......slam Chowdhury J Mohammad Ullah J City Bank Ltd……………………......................Petitioner Vs. Labour Appellate Tribunal and others ..........Respondents Judgment July 7, 2012. Result: The rule is made......l Hye Bhuiyan, Advocates—For the Respondent No.4. Writ Petition No. 242 of 2012 Judgment Nozrul Islam Chowdhury J.— This Rule Nisi is directed against the judgment and order dated 21-11-2011 passed by the Chairman Labour Appellate Tribunal, Dhaka in Appeal No. 349 of ..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)
....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......igh Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Ancient Traders Limited, Facy Building (2nd Floor), 87 Agrabad C/A, Chittagong-4100 and others……………………………Petitioner Vs. Chittagong Port Atuthority, Ban......ainer 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 were also directed not to issue any work order till 09.06.2010 and the Chitta..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
....ী 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 ...... 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 non-confessing accused and there is nothing to disagree with this settled position of law.......... (17) Confession, n......মাসের জন্য অর্ন্তবর্তীকালীন জামিন মুক্তি দেওয়া হউক। 11. Md. Rezaul Hasan J: I have heard the order passed by my learned brother issuing Rule and granting an ad-interim bail to the accused-petit..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
....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......a J
Md. Abdul Wahhab Miah J
Syed Mahmud Hossain J
Md. Shamsul Huda J
The Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka..................Appellant
Vs.
Orex Networ......ucted by Nurula Islam Bhuiyan and Md. Shamsul Alam, Advocate-on-Record- For Respondent No.1.
Not represented- Respondent Nos. 2-5.
Civil Appeal No.133 of 2004.
(From the judgment and order dated 16th and 17th April, 2002 passed by the High Court Division in Writ Petition No.1806 of ..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....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......has always , True to Form, Stepped in to Mitigate the Rigours of Strict Law- 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 commo......the respondent Nos. 7's recruitment notice dated 27-3-2010 (Annexure-A2) in compliance with the aforesaid Memos dated 17-3-1997 and 5-5-02010 (Annexure-A and A-1) and/or why such other or further order or orders as this Court may seem fit and proper should not be passed. 2. The facts leadin..Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3
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