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Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
....to make such orders as may be necessary to give effect to any order under this code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.” 13. From the said provision it has become manifestly clear that the inherent power of the High Court Division mentio......Justice that nothing in the Criminal Procedure Code does so limit or affects its inherent power…………………………………..(14) The Courts exist not only for securing obedience to the law of the law of the land but also for securing the ends of justice in its widest sense. Inherent p..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
....issued creating as many as 26 temporary shops and thereby issuance of allotment letter to different hawkers is the deviation from original plan of New Super Market and violation of the mandatory provision of Rule 19 of the Dhaka City Building Construction Rule, 2007." 7. Referring to ......ents 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 that the petitioner ..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
....ile Section 4(খ) empowers it to ascertain the curriculum and syllabus for each of its department and Institute. He further submits that since the aforesaid powers are to be exercised subject to the provisions laid down in this Act of 2001 and the UGC Order, 2973, the PSTU, accordingly, has exercis......Science and Technology University 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 s..
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.
......on upon hearing the parties 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 ..
Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
....egistered post with acknowledgement due to the proper address of the addressee then it is deemed to be presumed that notice has been served….....(16) Necessity to complete or exhaust provisions of law before coming to the Court When the law provides for appeal as such, before c...... with acknowledgement due to the proper address of the addressee then it is deemed to be presumed that notice has been served….....(16) Necessity to complete or exhaust provisions of law before coming to the Court When the law provides for appeal as such, before come to the Cou..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
....ilar principle will be applicable in cases of inadequacy or reduction of sentence passed by the appellate Court in view of section 439(1) of the Code of Criminal Procedure (the Code) under which provision, the revisional Court has been given all the powers conferred on a Court of appeal by......h Court Division in Criminal Revision Nos. 575, 576, 577and 578 of 2009). Judgment SK Sinha J. - The delay in filing of these leave petitions is condoned. Since the parties and the point of law involved in these petitions are identical, these petitions are disposed of analogously. The ques..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ...... provide the same privilege to 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 C..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ......fic performance of any contract relating to the transfer of any immoveable property or for declaration of title to, or assertion of ownership of, any such property." 7. On a reading of this law it appears that the aforesaid law before amendment government was impleaded as proforma def..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. ......on 9th April, 1982 and presided over by the then Chief Martial Law Administrator, and, as a result, the petitioners hecame surplus-employees, they were released from their respective organisation and lawfully appointed by the Land Ministry pursuant to the nomination letters issued by the Ministry of..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)
....of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......int Secretary of that Ministry and to produce their original appointment letters and educational certificates. 9. Mr. Alam, the learned Advocate, lastly submits that the accused-petitioners were lawfully appointed to their present posts in accordance with the Surplus Public Servants Absorption ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
....er before the Appellate Division of the Hon'ble Supreme Court and the Appellate Division was pleased to dismiss the aforesaid Civil petition on 9-3-2009. Thereafter, decree holder on 28-5-2009 as per provision of Order XXI, rule 43 of the Code of Civil Procedure, filed Title Execution Case No.25 of ...... after the period of 30 days shall not be entertained…………………………………(6) Deposit of security is pre-condition for challenging the award in form and 'shall' has been used, law makers make it clear that it is mandatory. Unless there be any security deposited to the satisfa..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....ision to make such orders as may be necessary to give effect to any order under this Code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice." From the said provision it has become manifestly clear that the inherent power of the High Court Division mentione......a thing or an institution in which it inheres. This rule has its source in the maxim "Quado lex aliquid alicut concedit, concoders videturid sine quob ipsa esse nan potest" which means that "when the law gives anything to anyone it gives also all those things without which the thing itself could not..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... 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. ......ing the parties by their judgment and order dated 18.02.2010 discharged the Rule vacating the order of stay and directed the Second Labour Court, Dhaka to proceed with the case in accordance with law. 6. Feeling aggrieved by and dissatisfied with the judgment and order passed by the High Co..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)
....(Upazilla Parishad) Ordinance, 2008 and the Local Government (Upazilla Parishad) Rules, 2008. The Limitation Act is a general law and it has very clearly provided in its section 29(2) that certain provisions of this Act contained in its section 14 and also in sections 4, 9-13, 15-18 and 22 will b...... is disposed of with observation. Whether section 14 of the Limitation 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..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)
....ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......ction 147 of the Penal Code and his sentence thereunder is fully justified by the evidence and materials on record. The decision of the High Court Division being based on proper appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition i..Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78
Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)
....dge of the Tribunal found the petitioner guilty of offence under section 10 (2) of the Ain, which provides punishment for attempting to murder on demand of dowry. We have carefully examined all other provisions of the Nari-o-Shishu Nirjatan Damon (Bishesh Bidhan) Ain, 1995. Section 11 of the same pr...... dowry, but the Ain does not provide anywhere any punishment for infliction of simple injury on demand of dowry. It is the cardinal principle of interpretation of statute that provisions of any penal law or that of any special law should be construed strictly. Since the Nari-o-Shishu Nirjatan Damon ..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)
....t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......nd survey of the insured factory by experts and obtained experts report, but it did not even produce the original copies of those inspection reports and did not make them exhibited in accordance with law. 17. None of the makers of these reports also has been examined before the court to prove t..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)
....s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191 21 BLT (HCD) (2013) 39 ......in procedure for a legal basis for transferring title and on the basis of baina no decree can be passed declaring title of a person, Court of appeal below being final Court on facts on misreading the law, committed gross illegality in decreeing the suit holding plaintiff has been able to prove his p..Category: Property Law | Date: 23 Feb, 2012 | Hits: 6
Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)
....rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162. ......fundamental right of citizen and 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 Sa..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)
....nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ......ision quoted above be expunged. 11. The respondents, however, are directed to consider the prayer of the writ petitioners for getting permanent lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. ..Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156
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