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Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
....inistry of Law……………………………Respondents Judgment December 4, 2008. Result: The Rule is discharged without any order as to cost. The Anti Corruption Commission Act, 2004 (Act No. V of 2004); Section 32 ......against him which was heard on 22-10-2008 and upon hearing the parties the learned Court rejected the said prayer of the petitioner under section 241A of the Code of Criminal Procedure. It is at this stage that the petitioner moved this Division under Article 102 of the Constitution and obtained the...... In an application under Article 102(2)(a)(ii) of the Constitution, at the instance of the petitioner this Rule was issued calling upon the respondents to show cause as to why the continuation of the proceedings of the Special Case No. 20 of 2008 arising out of Ramna Model Police Station Case No. 52..Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149
Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
.... Since consequence has not been given under Rule 10 of the ACC Rules, 2007 or section 6A of the Act, 1958 in case of failure to oblige the "time-limit" as such the accused cannot derive any benefit out of it………………………&hellip...... 1898); section 561A The application for quashment of the criminal proceeding under section 561A of the Code cannot be also entertained after the lapse of significant amount of time, e.g. at the stage of trial where evidence of 17 witnesses have already been recorded by the trial Court. Ca......nd the said format given in the form…………(21) The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A The application for quashment of the criminal proceeding under section 561A of the Code cannot be also entertained after the lapse of significant ..Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157
....ানমালা প্রণয়নের ক্ষমতা প্রদান করা হইয়াছে। (২) উপ-ধারা নিুরূপঃ
“(2)Notwithstanding anything contained in sub-section (1), the Council shall make regulations which may provide for &nda......রতিবেদন দাখিল করিবেন।
বিচারপতি মোঃ আবু তারিক.-আমি একমত।
Ed.
This Case is also Reported in:
......1 and 42 of the Constitution and/or such other or further order or orders passed as to this Court may seem fit and proper.
Pending disposal of the Rule the respondents are hereby restrained from proceeding with the process of appointment of Professors and Associate Professors in the post of Bio..
Category: Civil Law, Employment/Service Law | Date: 18 Nov, 2008 | Hits: 3
Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....mently argues that the provision of section 8 of the Bangladesh Rifles (Special Provisions) Ordinance 1976, being the provision for dismissal simpliciter, the BDR authority was empowered to discharge any of its employee, without assigning any reason which clearly indicates that the same power can be......y his all retirement benefits as he is entitled under the law prevailing up to date. However, there shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ......ty of the charge, he shall within twenty days of the receipt of the explanation, impose upon the accused the proposed penalty or any other lesser penalty under section 5." 18. It appears that upon proceeding under section 6 of the said Ordinance the authority may impose any penalty as provided in..Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33
Professor Dr. A.F.M. Ruhul Hoque and others Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....রবিধানমালা প্রণয়নের ক্ষমতা প্রদান করা হইয়াছে।(২) উপ-ধারা নিুরূপঃ “(2)Notwithstanding anything contained in sub-section (1), the Council shall make regulations which may provide for – ......্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ......1 and 42 of the Constitution and/or such other or further order or orders passed as to this Court may seem fit and proper. Pending disposal of the Rule the respondents are hereby restrained from proceeding with the process of appointment of Professors and Associate Professors in the post of Bio..Category: Constitutional Law | Date: 18 Nov, 2008 | Hits: 167
Taj Nahar Begum Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... under section 54 of the CrPC. On behalf of the detenu several applications for bail were moved before the Magistrate, 1st Class, Noakhali but those applications were rejected without assigning any reason. The detenu filed Miscellaneous Case No.499 of 2006 before this Court under section 498 o......ias Sabid Miah, of Village Miapur, PS Sonaimuri, District Noakhali be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 843. ...... in custody without any lawful authority and that the Government did not take any step for the last 7 years in extraditing him to Kuwait in accordance with law. He further submits that no committal proceeding has been initiated under section 6 of the Extradition Act, 1974 and that, as such, ther..Category: Criminal Law | Date: 20 Aug, 2008 | Hits: 20
Ayub Ali alias Mukul Vs. State, 2008, 37 CLC (HCD)
....rned Advocate appearing for the accused-petitioner, has referred to the first information report, charge sheet in order to show that the allegation made therein, even if admitted, does not constitute any criminal offence either of cheating or of criminal breach of trust. He submits that there is not...... in the Court of Magistrate, 1st Class. Cognizance Court No. 1, Munshiganj is hereby quashed. Communicate this Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 52. ...... Judgment Sheikh Abdul Awal J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the impugned proceeding of GR Case No. 77 of 2006 corresponding to TR No. 765 of 2006 arising out of Munshiganj P..Category: Criminal Law | Date: 14 Aug, 2008 | Hits: 28
....t-in-opposition controverting all the material allegations made in the Writ Petition. The case of this respondent, in short, is that all news items regarding the sept-up-let are extorted news without any basis. At the behest of the petitioner and added respondent No. 5, the baseless stories were pub......or DNA test. The Nari-O-Shishu Nirjatan Case pending in the Court below shall proceed as usual.
Farid Ahmed J.- I agree.
This Case is also Reported in: 61 DLR (HCD) (2009) 371.
....... 4 and 6. Considering welfare of the children, we are of the opinion that they should remain in the custody of an organization, which can safeguard their life, welfare and safety.
24. In a proceeding like this, it is not the right of the parties but the rights of the children are at issue..
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
....of the Joint Stock Companies and jurisdiction of the High Court Division
Section 193 of the Companies Act, 1994 has not been articulated as a provision,
which comes under the ambit of the Company Bench of the High Court Division of
Bangladesh Supreme Court as provided in section 2(d) of the......ners which the petitioner replied on 27-6-2005, agreeing to pay the said
money subject to the said respondents observing the condition of Clause No. 3
of the sale agreement dated 30-5-2005. At this stage the respondent No. 7, the
government functionary, claimed most arbitrarily additional amount ......has called upon the respondent No.1, the Registrar, Joint
Stock Companies and Firms, to show cause as to why the impugned letter dated
8-8-2006 directing the petitioner to take the shelter of legal proceeding
should not be declared to have been issued without lawful authority and is of
no legal ..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....h the recommendation of the Commission. If the President disagrees with the recommendation of the Commission, he would send said recommendation to the Commission for reconsideration. After receipt of any such request from the President for reconsideration, the Commission shall speedily reconsider an......e involves substantial questions of law as to the interpretation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ......nection with the affairs of the Republic or of a local authority to refrain from doing that which he is not permitted by law to do or to do that when he is required by law to do or declare any act or proceeding taken by a person performing functions in connection with the affairs of the Republic or ..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)
....cy Powers Rules,2007. 4. The accused-appellant filed an application for bail stating, inter alia, that he is innocent and he has been falsely implicated in the case, as he has not acquired any property through improper means disproportionate to his known source of income; that he had not......respondent State opposing the prayer for bail submits that the accused-appellant is being provided with proper treatment by the Jail Authority and as such he should not be enlarged on bail at this stage. 9. Mr. Khan Saifur Rahman, the learned Advocate appearing on behalf of the added respon......od of 4(four) months to the satisfaction of the learned Chief Metropolitan Magistrate, Dhaka. Communicate the order. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 483. ..Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4
Md. Mafizur Rahman Tutu and others Vs. State, 2008, 37 CLC (HCD)
....f investigation of the offences punishable under this Act by the Police. On careful scrutiny of the provisions of sections 38, 39 and 44 of the Act, it appears that the same are applicable only, when any authority or any individual of the Narcotics Control Directorate, arrest any person for the purp......stigate the offence under this Act by the Police. He adds that the first information report clearly discloses the offence under section 22(ga) of the Act. So the proceedings cannot be quashed at this stage. 7. In order to appreciate the submissions advanced by the learned Counsel's, we have......der this Act, but the power to investigate by the police of the offences punishable under this Act will not override by any provisions under this Act. for this reason, an application for quashing the proceedings are not the correct exposition of law. Case Referred to- Kali Pada Sana V..Category: Criminal Law | Date: 31 Jul, 2008 | Hits: 92
Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)
.... that the convict petitioner was not present in the court on the date of Judgment due to his sickness but subsequently he surrendered on 23.01.2007. Therefore, the convict petitioner could not prefer any appeal within 30 days, the statutory period of limitation. The convict-petitioner invoked t......tion with any other case. 24. Send down LCR along with a copy of the judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 250. ......e of Tk.5,000/- in default to suffer rigorous imprisonment for 6(six) months more." 10. On the other hand, Mr. Abu Bakar Siddique, the learned Deputy Attorney General submits that in a proceeding under section 561A of the Code of Criminal Procedure, this Court can interfere when ..Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
....is the mandate of that Convention upon the signatories. 14. The use of children as ‘drug mules’ should be made an offence and incorporated in the Children Act, making the parents/ guardians of any child used for carrying drugs criminally liable. 15. The State must make provision for divers...... is inevitable, then the child shall be kept in the appropriate Homes/Institutions, separated from adults and preferably with others of his/her same age group. 11. Every effort must be made at all stages for reintegration of the child within the family and so as to enable him/her to assume a cons......iven due weight in accordance with the age and maturity of the child. 2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Md. Abdul Jabber Biswas and others Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
....e preemptors are co-sharers by inheritance in the disputed holding and the preemption proceeding is not barred by limitation or by the principle of estoppel, waiver and acquiescence, nor suffers from any defect of parties, rather the courts below on proper consideration of the materials on records c......er Court's Records immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ......disabilities, they further claimed that they are also co-sharers in the holding wherein they have been enjoying and possessing .97 acre of land constructing residence therein, and thus the preemption proceeding is not maintainable. 5. After hearing the parties, the learned Assistant Judge by hi..Category: Property Law | Date: 21 Jul, 2008 | Hits: 3
Md. Abdul Jabber Biswas Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
....e preemptors are co-sharers by inheritance in the disputed holding and the preemption proceeding is not barred by limitation or by the principle of estoppel, waiver and acquiescence, nor suffers from any defect of parties, rather the courts below on proper consideration of the materials on records c...... the Lower Court's Records immediately. 13. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ......disabilities, they further claimed that they are also co-sharers in the holding wherein they have been enjoying and possessing .97 acre of land constructing residence therein, and thus the preemption proceeding is not maintainable. 5. After hearing the parties, the learned Assistant Judge by hi..Category: Property Law, Tenancy Law | Date: 21 Jul, 2008 | Hits: 5
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
....site party under section 151 of the Code the revision application is quite maintainable, consequently this Division has the jurisdiction to see as to whether the learned District Judge committed any error of law resulting in an error occasioning failure of justice in passing the same. 7. S...... of the either of the parties. The office is directed to send a copy of this judgment to the court below immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ......n by the arbitrators keeping in view the nature of the transaction being commercial. Mr. Amirul Islam further submitted that if the provisions of the Code are allowed to be resorted in an arbitration proceeding then the whole scheme and purpose of the new Act shall be frustrated. Mr. Islam poin..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
....icial confession………………………(42) Extra-judicial confession made before a person in authority cannot be relied upon as evidence without any independent corroboration…………………….(43) ......h any other case. Send down the lower Court's records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 713, 29 BLD (HCD) (2009) 189. ......the morgue. 18. P.W. 5 is Abdur Rouf. He testified that on the night following 24-1-1980 at about 7-00/8-00 PM on receipt of the news, he went to Laskardi village and saw that the villagers were proceeding towards the pond along with accused Hannan and that he also accompanied them and that acc..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
Shafiqul Islam (Md.) and others Vs. State, 2008, 37 CLC (HCD)
....ct he submits that the occurrence took place on 13-2-2007 and the petitioner Nos. 2 and 3 were arrested by the Police on 28-5-2007 and 8-5-2007 respectively. Subsequently, in between this time on many occasions the petitioners were produced before the Court and informant had the probability to s......ey-General appearing for the opposite party, opposes the Rule and submits that it is a case of dacoity and the petitioners were identified by the informant in TI Parade and the case is now at the stage of trial, so there is no scope to enlarge them on bail. 8. In order to appreciate the s......hey misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 915. ..Category: Criminal Law | Date: 19 Jun, 2008 | Hits: 2
City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)
...." to the writ petition passed by the Artha Rin Adalat No.1, Dhaka in Artha Rin Suit No.470 of 2004. 2. Material fact relevant for disposal of this Rule is that the petitioner is a Public Company Ltd by shares and is engaged in the business of banking as per law of the land having its re......sult, the Rule is discharged without any order as to cost. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ...... guarantor or mortgagor of the loan for recovery of which the Artha Rin Suit No.470 of 2004 was filed, the Adalat (respondent No.1) acted without jurisdiction under section 5(1) of the Ain, 2003 in proceeding against the petitioner-bank and in passing the impugned ex parts judgment and decree ag..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
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