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Mohammad Noor-E-Alam Jahangir Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....ived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ...... the Court, the petitioner could not make out any ground why the judgment should be reviewed. The learned Judges further observed that the review application was a frivolous one and invaluable public time of the Court was wasted in disposing of such application. 6. The review application has be......ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ......ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ..Category: Civil Law, Contempt of Court Law | Date: 5 Jan, 2012 | Hits: 90
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....) Present: Md. Emdadul Huq J Mohammad Ullah J Sohrab Ali Dewan……………………………..Petitioner Vs. State………………………….......................t: (1) On 30-4-1989, the FIR was lodged and the P.S. Case No.4(7) was registered. (2) On 26-10-1989, an order was passed by the learned Magistrate in GR Case No.17 of 1898 extending 30 days time for conclusion of investigation with reference to District Anti-Corruption office letter dated ......udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ......udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Somed Ali Vs. State, 2011, 40 CLC (AD)
....sonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ...... his son-in-law Somed Ali, the conÂdemned-petitioner (hereinafter referred to as the petitioner). Anguri Khatun was marÂried to the petitioner 1(one) year before from the date of occurrence. At the time of marriage 2 tolas gold were given to his daughter and cash of taka 8,000.00 was given to the ......death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ......death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)
....down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ......amed charge against the convict-appellant under sections 409/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. Since the convict-appellant was not present at the time of framing charge, the same could not be read over to him and the Court proceeded in his absenc...... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ...... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and othÂers, 2011, 40 CLC (AD)
....Tk. 1,000/- is to be depositÂed within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ......red as Title Suit No.143 of 1998. The suit was ultimately decreed ex-parte vide judgment and decree dated 25.11.1998. Since the judgment debtor failed to pay the decretal amount within the prescribed time the decree holder bank put that decree into execution in Title Execution Case No.99 of 2000. In......record." Security of Tk. 1,000/- is to be depositÂed within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ......record." Security of Tk. 1,000/- is to be depositÂed within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
....llip;..Opposite-party (In Criminal Miscellaneous Case No.19328 of 2008)
Judgment
December 14, 2011.
Result:
The rules are discharged.
Rule of stare decisis
The subordinate courts should not follow previous decision which has been overruled by the Appellate Division be......rned Court should be circumspect and judicious and in exercising such discretion the Court should take all relevant facts and circumstances into consideration before issuing process; at the same time; this inherent power under section 561A of the Code of Criminal Procedure can not be considered......
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
......
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)
....sult, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ...... post of Deputy Project Director in the scale of Tk.475-35-685-EB-40-1005-45-1275 and was posted at Khulna District Office of the Integrated Rural Development Program (IRDP) on 10.11.1978. In the meantime with the promulgation of Bangladesh Rural Development Board Ordinance, 1982 the IRDP was abolis...... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ...... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ..Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
...., the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ......the disinvested Jute Mills. After joining the said disinvested Jute Mills, the petitioner made representations to BJMC as well as to the Minister-in-Charge of the Ministry of Jute and at one point of time, he made representation to the Chief Martial Law Administrator (CMLA). The petitioner again mad......e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ......e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....r Vs. Government of Bangladesh and others…………………………………….Respondents Judgment December 12, 2011. Result: The Rule is disposed of with observations and direction. Cases Referred to- Usha Chemical Industries Ltd. Vs. Bangladesh, 63......ainst any decision or order relating to any duty demanded in respect of goods which have ceased to be under the control of customs authorities or to any penalty levied under this Act shall, at the time of filing his appeal or if he is so permitted by the appellate authority at any later stage be......directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ......directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....usa Khaled J SHJ Nurul Huda Jaigirdar J Begum Khaleda Zia…………………………………Petitioner Vs. State and another…………………………&hell......overnment rules and procedure amongst the real orphans of the country for which the fund was created. It is submitted that only one sanction by the Anti-Corruption Commission is necessary at the time submitting charge sheet as provided under section 32 of the Anti-Corruption Commission Act......eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Golam Ahmed Vs. State, 2011, 40 CLC (HCD)
.... This Case is also Reported in: 64 DLR (HCD) (2012) 93. ......n the house of her mother. Their wedding tie has been continuing. On 4-11-2008 at 9-00 A.M. the appellant coming to her rented house at Bananipara disowned their marital tie. He ravished her for long time creating her wrong impression in her mind that the marriage between them had taken place. ......t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ......t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233
Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)
....(Criminal Miscellaneous Jurisdiction) Present: Md. Anwarul Hoque J Md. Mozibur Rahman Miah J Masud Mahiuddin alias Masud……………………Accused-Petitioner Vs. State……………….......................................Opposite Party Judgment Decemb......it does not come within the mischief of "rape" as defined in section 375 of the Penal Code. 5. Considering these facts and circumstances the accused-petitioner has granted ad-interim bail at the time of issuance of the Rule and thereafter he has not misused the privilege of bail in any way, so ......the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necesÂsary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ......the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necesÂsary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
..........Plaintiff Opposite-Parties Judgment December 1, 2011. Result: The rule is made absolute. No Court can pass a decree which is unexecutable The averments and statement made in the application under Order I Rule 10 of the Code of Civil Procedure that 3rd party ......ry party in the instant suit for passing effective decree as such the petitioners are necessary party not property party, to be impleaded to the suit. Learned Advocate lastly submits that by his time, during pendency of these suits, Khodeza Khatun died as such if the suit of the plaintiff oppos......ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ......e any decree passed, that cannot be executed and no Court can pass a decree which is unexecutable. 3rd party petitioner has to be added as necessary party 3rd party petitioner has two legal arms for addition of party, one, implead by inheritance and another by way of added as party in the ..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....urt Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Shahjahan……………………………….Petitioner Vs. State………………………………Opposite-party Judgment December 1, 2011. Result: ......f the Code of Criminal Procedure and obtained the Rule. 7. Be that as it may, Mr. Md. Khurshid Alain Khan along with Mr. Muhammad Masudul Haque has appeared before us in support of the Rule at the time of hearing. Both of them submit that it is a case of 'no evidence' as against the petitioner Sh......re recovered from the possession and control of the accused Md., Bazlur Rahman @ Kismat, brother-in-law of the informant Md. Jahir Uddin. Since the prosecution evidence is singularly silent about the recovery of the incrimiÂnating arms and ammunitions from the possession and control of the petition......t Md. Jahir Uddin, Md. Siraj, Montu and others rushed to the place of occurrence and caught hold of the accused Md. Bazlur Rahman. At one stage, the accused Md. Bazlur Rahman conÂfessed that he had, arms and ammunitions in his posÂsession and under his control. Thereafter, the accused Md. Bazlur R..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....h Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Jakir Hazi................................Petitioner Vs. State………………………………&......nce denotes a thing punishable under the Code or under any special or local law. Section 4 (c) of the Criminal Procedure Code says offence means any act or omission made punishable by any law for the time being in force. It could not be shown before the court that the action of the petitioner liable......as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ......as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....diately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ......ainability of the writ petition on the ground of availability of the alternative efficacious remedy before the Administrative Tribunal was also neither taken in the affidavit-in-opposition nor at the time of hearing of the Rule and also in the leave petition and the concise statement. According to t......s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ......s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......tion in the absence of legal evidence. Williams, J., argued that there is a danger in the excessive devoÂtion to the rule of benefit of doubt at the expense of social defence and to the soothing sentiment that all acquittals are always good regardless of justice to the victim and the community. In......Arms Act. His conviction was affirmed by the Appellate Tribunal. He challenged the judgÂment of the Appellate Tribunal in the High Court Division by a writ petition. The High Court Division that the recovery of pistol from his possession was not proved beyond doubt, inasmuch as, the InvestiÂgating......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520...Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
....he Rules are discharged. Securities and Exchange Ordinance (XVII of 1969); Section 24 Where the person guilty of an offence referred to sub-section (1) is a company or other body corporate, even Director, Manager or other Officer responsible for the conduct of its affairs shall, unles......e prosecution has to prove its Case. Having discussed as above, we find no merit in the Rules. Accordingly, all the three Rules are discharged. 42. The order of stay passed at the time of issuance of the Rules are hereby recalled and vacated. The learned Metropolitan Ad...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....rt records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......defendant Nos.1 and 2 had already been recorded in respect of the suit land although they had no right, title, interest or possession therein and upon query the defendant No.3 disclosed for the first time that the defendant Nos.1 and 2 had purchased the suit land from Abul Hashem by a registered kab......l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
....ischarged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ......nal No.2, Dhaka and charges were framed against the accused perÂsons under Section 19A and (f) of the Arms Act to which the present appellant pleaded not guilty and claimed to be tried. 6. At the time of the trial the prosecution in all examined 9 (nine) witnesses to prove the case. The defence ......him. Accordingly, the arms have been recovered from the roof of the shop of Photostat Machine, Nilkhet Bus Stand, Passenger Lounge (Jatri Chauni) as pointed out by convict-appellant. 3. After such recovery the police made a seizure list in presence of local witnesses. 4. The police after compl......€¦â€¦â€¦â€¦Respondent Judgment November 21, 2011. Result: The Appeal is allowed. The Arms Act, 1878 (Act No. IX of 1878); ss. 19A and 19(f) Mere knowledge of the accused that the arms or ammunition was lying at the spot pointed out by him, in the absence of any evidence or circu..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
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