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Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
....on over Civil and Criminal Courts of the land. The powers in a sense are inalienable attribute of the position it holds with respect to the Courts subordinate to it. Thus the High Court Division in a proper case possesses the inherent power to quash any proceeding Judgment or decision of any Court/T......……………Opposite Parties Judgment March 15, 2012. Result: The Rule is made absolute. Inherent power of the High Court Division Both section 151 of the Code of Civil Procedure and section 561A of the Code of Criminal Procedure possess the same formula describing the inherent ......amount to an abuse of the process of the Court; (3) The facts disclosed either in FIR or charge-sheet is so preposterous that no proceedings can be taken against him/her; (4) The prosecution is legally barred………………………………….(24) Cases Referred to- Hussain Mohammad..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
....om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ......ation…………...........Respondents Judgment March 14, 2012 Result: Rule is disposed of. Cases Referred to- Kamaluddin Vs.Secretary, Ministry of Land, Bangladesh 56 DLR (AD) 212; Omar Sadat Vs. Bangladesh 6 BLC 289. Lawyers Involved: An......gladesh, the respondents have been called upon to show cause as to why the attempt to change the historical and approved master plan of Dhaka New Market Complex Structure, should not be declared as illegal, without lawful authority and hence, is of no legal effect. 2. Facts, in brief, are ..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
....gy University be allowed to continue with their regular studies accordingly.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 166.
...... in: 18 BLC (HCD) (2013) 166.
......ity in the session of 2011 and thereby staying the Memo No.(UGC/Admin/paboishwa/402 (Tadanto)/08/8200 dated 29-9-2011, should not be declared to have been issued without lawful authority and is of no legal effect.
2. Facts leading to the issuance of this Rule, in short, are that Petitioner No.1..
Category: Others | Date: 14 Mar, 2012 | Hits: 5
....r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing.
Ed.
This Case is also Reported in: 9 ADC (2012) 865.
......sain 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
Industrial Promotion and Development of Bangladesh Limited (IPDC) and another..................Petitioners
Vs.
...... by the impugned judgment made the rule absolute and declared the enlistment of the writ petitioner's name in the CIB list as a loan defaulter to have been made without lawful authority and of no legal effect. It was argued that the High Court Division erred in law in holding that the writ petit..
Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
....peal is dismissed. Civil Rule No.1022 (F) of 2005 is discharged. The General Clauses Act, 1897; Section 27 If there be notice issued in registered post with acknowledgement due to the proper address of the addressee then it is deemed to be presumed that notice has been served…...... Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Noor Jahan Begum.........................Appellant Vs. Chairman, BSIC and others.................Respondents Judgment March 12, 2012. Result: The appe......and on 19-9-2001 issued memorandum to plaintiff. It is the case of plaintiff that without making any correspondence such drastic major was taken by defendant No.3. On 30-11-2001 plaintiff issued legal notice to defendant No.2 and 3, to which defendant No.3 gave reply on 1-11-2001claiming Taka 1..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
.... as defendants contested the said suit by filing a written statement. These defendants denied the material case of the plaintiff and stated, inter alia, that the plaintiff knowing fully that the suit property is an abandoned property prayed before the Ministry of Agriculture for release of the said ......mud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Assistant Horticulturist Agriculture Extension Division Crop Section, Bobhanbagh Uddyan Base Police Station-Savar, District-Dhaka and others....................................Petitioners
Vs.
M. A. Sattar Bhuiyan being d......erty is an abandoned property prayed before the Ministry of Agriculture for release of the said property from the list of abandoned property and that prayer was rejected, but the local tahshilder illegally released the suit property from the list of abandoned property. That the plaintiff obtaine..
Category: Property Law | Date: 12 Mar, 2012 | Hits: 94
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
.... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ......b Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Shahidur Rahman Khadem...............Petitioner (In all the cases) Vs. State and others……………………….......Respondent ......ns and sentences of imprisonment enhanced the sentences of fine. Petitioner thereafter moved these petitions. 3. Points urged on behalf of the petitioner are that the High Court Division acted illegally in maintaining the conviction without application of its judicial mind, and secondly, t..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... the notice of the higher authority of Biman. It is known to everybody that the international airlines are required to maintain record of carrying the passengers or cargos, as it needs to maintain proper record of profit and loss. From the said Annexure-3 it appears that the Respondent No.2 admi......orted in: ...... other high profile state dignitaries above serial No. 13 of the Warrant of Precedence, as appears from Annexure- A, should not be declared to have been taken without lawful authority and is of no legal effect, as the same is violative of Articles 29 and 31 of the Constitution for being repugnan..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....he execution proceedings on 20-10-2009. 3. In the application under Order IX, rule 13 of the Code of Civil Procedure it is stated that Government having been made proforma defendant did not take proper attention to the summons which was served on the Government, as such, government did not...... Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Jamuna Builders Ltd....................Plaintiff-Opposite Party-Petitioner Vs. Bangladesh and others…...........Proforma-Defendant-Petitioner Opposite-Parties Judgment Marc...... that the aforesaid law before amendment government was impleaded as proforma defendant but after amendment, government became necessary party, as such, we find that learned Judge committed no illegality in allowing the Miscellaneous Case and set-aside the ex-parte decree for fresh trial of Tit..Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18
Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ...... ......er the signature on the third nomination letter was a forgery…....................(24) The IO failed to examine sufficiently the relevant persons and documents pertaining to the principle legal issues of the case prior to submitting his investigation report, and therefore further investi..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....on over Civil and criminal Courts of the land. The powers in a sense are inalienable attribute of the position it holds with respect to the Courts subordinate to it. Thus the High Court Division in a proper case possesses the inherent power to quash any proceeding Judgment or to set-aside decision o......ed only for either of the three purposes specifically mentioned in the section which are, firstly, to give effect of any order under the code, secondly, to prevent abuse of the process of the Court and thirdly, to secure the ends of justice. What is 'inherent' is an inseparable incident of a thing......; that the Criminal Revisional application No.54 of 1996 filed by the informant opposite party before the Sessions Judge is not maintainable and that the learned Sessions Judge failed to consider the legal forum that against the Judgment and order of such acquittal passed by the Magistrate in GR cas..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....en stated that petitioner-respondent No.1 could not get any relief against opposite-party No.1. 12. The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of law and fact do not call for interference. Accordingly, this criminal pe......ahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Barrister Mainul Hosein......................................Petitioner Vs. Md. Ali Hossain and another................................Respondents Judgment March 4, 2012. Result...... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ..Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238
Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)
....n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......itation Act, 1908 is applicable in determining the period of limitation prescribed for any suit, appeal or application by any special law e.g. the Local Government (Upazilla Parishad) Ordinance, 2008 and the Local Government (Upazilla Parishad) Rules, 2008. The Limitation Act is a general law and......ed judgment and order, made the Rule absolute declaring the judgment and order of the Election Appellate Tribunal, Gopalgonj in Election Appeal No.01 of 2010 without lawful authority and is of no legal effect. The High Court Division held that the writ respondent No.6 was a loan defaulter on t..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)
....ch rendered the evidence shaky. He submits that the prosecution was not able to prove the place of occurrence beyond reasonable doubt. He also points out that the tribunal did not examine the accused properly during the trial drawing his attention to/pointing out the main incriminating evidence ag......, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Not represented-For Respondent. Criminal Petition for Leave to Appeal No.32 of 2010. (From the judgment and order dated 22nd October, 2008 passed by the High Court Division in Criminal Appeal No.165 of 20.......m. the accused, Md. Shafiul Azam Chowdhury alias Shafi alias Mohammad Shafiul Azam, Nurul Alam, Nurul Absar, Saiful Islam, Uzzal Barua, Nurul Islam and Golam Mawla being armed with deadly weapons, illegally trespassed into vacant land lying beside the home of the informant, S.M. Iqbal Hossain, and ..Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78
Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)
.... case. It could at best be tried by an ordinary criminal Court. 17. The petitioner has already undergone the trial and served out imprisonment for nearly seven years. We do not think it just and proper to remand the case to be tried by a Court conferred with jurisdiction. 18. For the reas......245 of 2005. Judgment Md. Ruhul Quddus J.- This Rule at the instance of a convict was issued on an application under section 561A of the Code of Criminal Procedure for quashment of judgment and order dated 26.5.2003 passed by the Nari-o-Shishu Nirjatan Damon Tribunal, Moulvibazar in Nari-S......cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:..Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168
M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)
....e risk of Deterioration of Stock (DOS) for Tk. 1,15,00,000/- and for Machinery Break Down (MBD) for Tk.35,80,000/-. In 1990, the plaintiff took DOS and MBD policies from the defendant No.1, who after proper inspection and examination agreed to cover such policies against payment of premiums. The r......Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J M/s. Sadharan Bima Corporation.........................Petitioner (In both the cases) Vs. United Fish Exports Limited and others.................Respondents (In both the cases) Judgment February 26, 2012. ......e filling of claim by the plaintiff. The trail court allowed that review application which was registered as Miscellaneous Case No.7 of 2000 and considering the facts and circumstances and also the legal position awarded interest @ 5% above the bank rate as claimed by the plaintiff by the judgment..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)
....d both as a weapon of offence or a shield of defence to all. Agreement or bainama unless converted to a registered sale deed it does not create any right, title, interest or title of the purchaser in property……(9) Cases Referred to- Fakhruddin Mia Vs. Mohammad Khodaboksh Shei......BLT (HCD) (2013) 39 ......atian and baina was acted upon. 5. Mr. Zafar Sadeque, learned Advocate, appearing for the petitioner, submits that, baina can not be said to be a sale deed as it requires certain procedure for a legal basis for transferring title and on the basis of baina no decree can be passed declaring title..Category: Property Law | Date: 23 Feb, 2012 | Hits: 6
Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)
....er gave reply to the legal notice but unfortunately the Bank in the meantime published a notice in the daily Ittefaq dated 11-7-2010 for sale of the petitioner's mortgaged property under section 12 of Artha Rin Adalat Ain 2003 (in short Ain). At this stage the petitioner ......inal Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Mamun-ur-Rashid (Md.)...................................Petitioner Vs. Secretary, Ministry of Law and others............Respondents Judgment February 23, 2012. Result: The......nd why the Notice published in the daily "The Ittefaq" dated 11-7-2010 as shown in Annexure "E" should not be declared to have been published without lawful authority and is of no legal effect. 2. The petitioner is owner and proprietor of M/s Saimon Enterprise a business fir..Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7
Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)
....the lessees of the land in question on yearly basis, they cannot be evicted at any time. Though they could not and did not acquire any right to get permanent lease of this land, they can apply to the proper authority for getting permanent settlement of the land. On their application, the concerned a...... J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of the People's Republic of Bangladesh represented by its Secretary, Ministry of Land, Bangladesh Secretariat Building, Abdul Gani Road, Ramna, Dhaka and others ...........................r temporary period and according to the terms and conditions of the said temporary lease they can be evicted at any time from the land in question and as such they cannot claim to have acquired any legal right to get permanent settlement of this land; that the High Court Division has ignored thi..Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156
....irection should not be given upon the
respondents not to further increase the user fees in the government hospital
and /or pass such other or further order or orders as this Court may deem fit
and proper.”
2. The averments figured by the petition are, briefly, as
follows:
3. The orga...... Reported in:
......
3. The organization Human Rights and Peace for Bangladesh
(HRPB) is a non profitable registered organization the objects of which is to
uphold human rights and to work for the poor people, to give legal support to
the helpless people, and to build up awareness amongst the people about their
rig..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
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