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Shahjahan Vs. State, 2011, 40 CLC (HCD)
....r section 561A of the Code of Criminal Procedure, 1898 filed by the convict-petitioner, a Rule was issued calling upon the State-opposite-party to show cause as to why the impugned Judgment and order dated 11-10-2005 passed by the Special Tribunal No.2, Meherpur in Special Tribunal Case No.21 of 199......mmad Masudul Haque further submit that admittedly no arms and ammunitions were recovered from the possession and control of the petitioner; but curiously enough, the Tribunal below failed to take notice of this aspect of the case and convicted and sentenced the petitioner on the basis of mere ......1996 corresponding to Gangni Police Station Case No.11(11) 1996, dated 18-11-1996 convicting him under section 19A of the Arms Act, 1978 and sentencing him there under to suffer rigorous imprisonment for 10 (ten) years should not be quashed and/or such other or further order or orders passed as to t..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....e-on-Record-For the Appellants. Israfil Hossain, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondents. Civil Appeal No.136 of 2004. (From the judgment and order dated the 30th day of June, 2002 passed by the High Court Division in Writ Petition No.3609 of 2001)......, were entitled to be declared as Second Class Gazetted Officers. All attempt of the writ-petitioners to be treated as Second Class Gazetted Officers having failed, they through their lawyer served a notice upon the writ-respondents demanding justice by mitigating their grievance, but there was no......the 30th day of June, 2002 passed by the High Court Division in Writ Petition No.3609 of 2001 making the Rule absolute. 2. The respondents herein as writ-petitioners filed the said writ petition before the High Court Division for the following relief:— "(A) Issue Rule Nisi calling upon the R..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....-General (with ASM Nazmul Haque, Deputy Attorney-General), instructed by Md. Shamsul Alam, Advocate-on-Record-For the Respondent. Criminal Appeal No. 40 of 2008. (From the judgment and order dated 10-5-2006 passed by the High Court Division in Criminal Appeal No.4775 of 2003) Judgment ......he made such statement at the trial, her husband Sajal Kumar submitted that while the victim was in the hospital made a statement before police. I am shocked and by the same time perturbed when I noticed that the Tribunal treated the statement as substantive piece of evidence. I have no option b...... Judgment Surendra Kumar Sinha J. - Leave granted. 2. Appellants and another were convicted under section 4(2) (ka) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sentenced to imprisonment for life with fine they were also convicted under section 4(2) (kha) of the said Ain and sentenced..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
.... Enquiry Committee formed by the Securities and Exchange Commission to enquire into the matter under Section 21 of the Securities and Exchange Ordinance, 1969. 4. According to the enquiry report dated 27-3-1997 the accused-persons being dealer/broker committed offence described in section 17 of...... 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. ......e 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, unless he proves that the offence was committed without his kn..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)
....tes—For Respondents. First Appeal No.153 of 2001. Judgment Nozrul Islam Chowdhury J.- This appeal at the instance of defendant Nos.4-6 is directed against the judgment and decree dated 28-3-2000 passed by the Sub-ordinate Judge, now Joint District Judge and Artha Rin Adalat, Syl...... eyes over the suit land and consequently at his instance a Certificate Case being No.188 of 1964-65 was initiated for realization of arrear rent in respect of suit land and in the said proceeding no notice was served upon Abdul Hashem as contemplated under section 7 of the Public Demand Recove......Judge, now Joint District Judge and Artha Rin Adalat, Sylhet in Title Suit No.43 of 1999, decreeing the suit. 2. The respondents as plaintiffs instituted Title Suit No.43 of 1999 (re-numbered) before the Joint District Judge, Artha Rin Adalat, Sylhet impleading the appellants along with others ..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....inal Appeal No.2022 of 2006 (Jail Appeal No.341 of 2006) the appellant Md. Hasibul Hasan alias Loton has challenged the legality and propriety of the Judgment and order of conviction and sentence dated 17-4-2006 passed by learned Judge of Tribunal, in Nari-o-Shishu Nirjatan Daman Tribunal Case n......led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ...... Ziaul Karim J.- This Death Reference under section 374 of the Code of Criminal Procedure has been made by the learned Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Sherpur (briefly as Tribunal), for confirmation of death sentence of contemned-prisoner. 2. By the Criminal Appeal No.2022 of ..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....Judgment Obaidul Hasan J.- This appeal has been preferred by the appellant under section 10 of the Criminal Law Amendment Act, 1958 against the Judgment and order of conviction and sentence dated 13-5-2007 passed by the learned Senior Special Judge, Feni in Special Case No.1 of 2007 convic......District Office, filed a petition of complaint on 8-4-2007 in the Court of Senior Special Judge, Feni that was registered as Special Case No.1 of 2007 against the appellant alleging, inter alia, that notice bearing memo No. Dudak/70-2007 (Ain-2) 666 dated 18-2-2007 under rule 15 Gha (1)/15 Gha (2) o......arned Senior Special Judge, Feni in Special Case No.1 of 2007 convicting the appellant under section 26(2) of the Anti-Corruption Commission Act, 2004 and sentencing him to suffer simple imprisonment for 3(three) years. 2. The short fact of the case is that one Deputy Director of Anti-Corruptio..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....sions Judge, Meherpur for confirmation of sentence of death awarded by him upon the accused Rustom, Rahman and Enamul convicting them under sections 302/34 of the Penal Code by the judgment and order dated 6-2-2006 passed in Session Case No.65 of 2001. Criminal Appeal No.1962 of 2011 and Jail Appeal......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......Judgment ANM Bashir Ullah J. - This Death Reference, under section 374 of the Code of Criminal Procedure (in short, the Code) has been submitted by the learned Sessions Judge, Meherpur for confirmation of sentence of death awarded by him upon the accused Rustom, Rahman and Enamul conv..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
.... Md. Zohirul Islam, Advocate-on-Record—For the Respondent No.3. None Represented—For the Respondent Nos. 2 & 4. Civil Appeal No.279 of 2010. (From the judgment and order dated 20-5-2010 passed by the High Court Division in Writ Petition No.8100 of 2009) Judgment ......out application of mind; that the respondent No.2 issued the impugned Memo in violation of Section 46 of Bangladesh Telecommunication Act, 2001 (BT Act, 2001) which requires issuance of show cause notice. 4. The appellant-company in due course of its business in order to obtain a licence fo......ation (1) The doctrine of legitimate expectation may arise where the decision of administrative authority affect a person either by altering rights or obligations of that person which are enforceable by or against him in private law or by depriving him of some benefit which he has in th..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
....cord-For the Appellant. Md. Israfil Hossain, Advocate instructed by Mrs. Sufia Khatun, Advocate-on- Record-For Respondent. Civil Appeal No.28 of 2005. (From the judgment and order dated 15th July, 2002 passed by the High Court Division in Civil Revision No.4631 of 1998). Ju......knowledge of the preemption miscellaneous case does not hold good. 12. The learned Judge of the single Bench further found that though opposite party No.1 in his evidence as P.W.1 said that notices of the preemption miscellaneous case were duly served upon the pre-emptee petitioners and...... upon the defendant/opposite party. In such cases, the second clause of Order IX, 5 rule 13 of the Code "or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing" shall not be attracted,…………………(14 & 15) When the pre-emptor fai..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ......ough the pictures taken recently and reading over the daily Ittefak article. As none filed any pleading in rebuttal we can take as true the petitioners averments. In fact we can also take judicial notice of the pathetic scenario that prevails in and around the Fort. The only question for us is w......eported in: ..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....essions Judge, 8th Court, Dhaka for confirmation of sentence of death awarded by him upon accused Matiur Rahman alias Mati convicting him under section 302 of the Penal Code by the judgment and order dated 5-2-2006 passed in Session Case No.276 of 2000. 2. The prosecution case, as projected in ......t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ...... Motive not a necessary ingredient of an offence While trying a case under section 302 of the Penal Code or hearing an appeal involving that section, the Court must not consider first the motive for the murder. Because motive is a matter of speculation which is not a necessary ingredient of an ..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....05 Judgment Md. Mizanur Rahman Bhuiyan J.- The petitioner obtained this Rule by filing an application under section 115(1) of the Code of Civil Procedure challenging the Judgment and decree dated 22-2-2005 and 28-2-2005 respectively passed by Additional District Judge, 2nd Court, Gazipur i......reafter, the predecessor of the plaintiff petitioner filed Miscellaneous case being No.XIII 129/80-81 for DCR (এক্সজিঃ-৮) dated 20-4-1981 for demarcation of the suit land. Accordingly notice was served upon the opposite-party i.e. Department of Forest for appearing at the time of dem......Appeal No.160 of 2003 reversing the judgment and decree dated 30-3-2003 and 16-4-2003 respectively passed by Joint District Judge, 1st Court, Gazipur in Title Suit No. 12 of 1999 who decreed the suit for declaration. 2. The facts involved for disposal of the Rule are as follows:- The petit..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ts. And on 19-10-2005 the Respondent Bank communicated a copy of the resolution to the petitioner. The petitioner company in turn accepted the proposals and informed the Bank addressing a letter dated 19-10-2005. After receiving the acceptance of the decision of the Board meeting Respondent ......ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ......nt October 16, 2011. Result: The Rule is discharged. Whether the resolution taken by the Board of Directors of any Bank relating to total write off of loan has the binding force of law and enforceable by the High Court Division? The resolution taken by the Board of ..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....dent Nos.3-5 (In Civil Appeal No.68 of 2006). None Represented—For Respondent Nos.6-8 (In Civil Appeal No.68 of 2006). Civil Appeal Nos.67-68 of 2006. (From the judgment and order dated 30-6-2003 passed by the High Court Division in Civil Revision Nos.2178 and 2179 of 1991). ......ific performance against a subsequent purchaser if he claims title, arising subsequently to the contract but he is not entitled to a decree against a transferee who is a bonafide purchaser without notice to the original contract. Similarly, he is not entitled to a decree for specific performance......dgment October 11, 2011. Result: The appeals are dismissed. The Specific Relief Act, 1877 (Act No. I of 1877); section 27 (b) A plaintiff may seek a decree for specific performance against a subsequent purchaser if he claims title, arising subsequently t..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
....r thePetitioner.
S.M.Monir - For the Respondent No.6.
Writ petition No.1636 of 2011.
Judgment
Md. Enayetur Rahim J.- The writ petitioner obtained the present Rule on 6-4-2011challenging the memo dated 17-2-2011 issued by the respondent No.2 cancellingthe schedule declared on 25-1-2011 by the re......he date of receipt of this Judgment, positively.
Order of stay granted at the time ofissuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 64 DLR (HCD)(2012) 65.
......he election process of the Managing Committee of a Non-GovernmentEducational Institution?
The local Member of the parliament beinga public representative though can contribute with his opinion as toformulation of public policy in public affairs including the management of Non-GovernmentEducational..
Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
....r section 561A of the Code of Criminal Procedure was issued upon the opposite parties to show cause as to why the proceedings of Sessions case No.215 of 2009 arising out of CR case No.406/8 (Naogaon) dated 28-8-2008 under section 138 of the Negotiable Instruments Act, now pending in the Court of Ses......, Bank Asia Ltd. Scotia Branch, Dhaka; that the said cheque was presented before the bank on 7-7-2008 but it was dishonoured for insufficient of fund that the bank through its Penal Lawyer sent legal notice on 20-7-2008 which was received on 27-7-2008 and that the specific period of 30 days given in......out of CR case No.406/8 (Naogaon) dated 28-8-2008 under section 138 of the Negotiable Instruments Act, now pending in the Court of Sessions Judge, Naogaon should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule, is that the petitioner is a citizen of Bangladesh and busi..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....odity International, while the ship Manager of the vessel M. V. ACCORD, appointed the plaintiffs of the instant suits in the employment of the vessel M. V. ACCORD under a written employment agreement dated 2.12.1999 for a period of service of one year from the date of employment, to be expired on 1....... have relied upon the aforesaid under lined provisions that “the seaman’s wages shall continue to run and be payable until the time of the final settlement thereof.” But what has escaped the notice of the learned Advocate Mr. AJ Mohammad Ali is the resolution of the dispute as to payment by......l these 11 Crew members, while working as such in the vessel M.V. ACCORD, on and from 2.12.1999 came to Bangladesh on board the said vessel and thereafter instituted these Admiralty Suits on 1.8.2000 for realization of their unpaid wages and obtained arrest of the vessel MV ACCORD which thereafter u..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....o.5778 of 2011. Judgment Sheikh Hassan Arif J.- Rule was issued calling upon the respondents to show cause as to why the order as contained in Memo No.BTRC/LL/Operators Audit (371)72011-330 dated 26-5-2011 (Annexure-M) issued by the Bangladesh Telecommunication Regulatory Commission (BTRC)......wful authority and of no legal effect and as to why the respondent Nos. 2-4 should not be directed to implement the said decision/Verdict of the Review Panel-01. Short facts: 2. BTRC issued notices in different newspapers including the 'Daily Protham Alo' on 30-9-2010 inviting seal......der the signature of the respondent No.8 refusing to implement the decision/verdict of the Review Panel-01 dated 8-5-2011 (Annexure-I) regarding appointment of Chartered Accountant Firms by BTRC for Inspection and Special Audit/Information System Audit of the Telecom Operators in Banglades..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Dhaka Electric Supply Authority Vs. Md. Hanif and another, 2010, 39 CLC (AD)
....te, instructed by Md. Zahirul Islam Advocate-on-Record—For the Respondent No.1. Not represented-For the Respondent No.2. Civil Appeal No. 184 of 2009. (From the judgment and order dated 5th June, 2008 passed by the High Court Division in Writ Petition No.9289 of 2007). Judgm......applied to DESA for considering him for one-step-out-of-turn promotion. But his prayer was not granted nor was he told about the outcome of his prayer. On 28.8.07 the writ petitioner served a legal notice upon the writ respondents through his learned Advocate, but it yielded no result. 3. It ......i J. - This appeal, by leave, arises out of judgment and order dated 05.06.2008 passed by the High Court Division in Writ Petition No.9289 of 2007 making the Rule absolute. 2. The facts relevant for disposal of this appeal, in brief, are that the writ-petitioner (respondent No.1 herein), havi..Category: Employment/Service Law | Date: 14 Aug, 2011 | Hits: 163
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