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Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
....t be. In that decision it is held:— "From the application for addition of party it appears that the present applicants are claiming by earlier alleged purchase a small fraction of the total land involved in the present suit. Their Title Suit No.7 of 1969 involves a small fraction of ......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. ......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. ..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ......having wide circulation, direct such person to appear before it within such period as may be specÂified in the order, and if such person fails to comply with such direction, he shall be tried in his absence and apart from the 'Daily Sangram' presumably having wide circulation, the other newspaper (......conferred by any other provisions of the Code of Criminal Procedure and this power may be exercised to quash a proceeding or even a convicÂtion on conclusion of a trial if the Court concerned had no jurisdiction to hold the said trial or the facts alleged against the accused do not constitute any c..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....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. ......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)
....o made for declaring the writ-petitioners as Gazetted OffiÂcers, but without any result. In the Recruitment Rules, 1979, the post of National Savings Officers was shown gazetted posts and out of the total posts, 50% were to be filled up by direct recruitment and other 50% posts were to be filled up......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. ......ound that there is no scope to go beyond the report of the AdministraÂtive Recognition Committee, the High Court Division erred in law in ignoring the aforesaid aspect of the case thereby exceed its jurisdiction in making such declaration. V. Because the writ-petitioners having been appointed as..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
.... failed to conÂsider that the taking of signatures of the accused perÂsons in a compromise petition is one thing and threatening the witnesses while they were behind the bar is another thing. It is totally absurd to believe that the appellants would be able to put threat upon the witnesses from th......double jeopardy; the British system which we follow is on the benefit of reasonable doubt. The fundamental principle of our system is that an accused should not be put in peril of convicÂtion in the absence of legal evidence. Williams, J., argued that there is a danger in the excessive devoÂtion t......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)
....change Ordinance, 1969, the accused-persons have been alleged as the member/dealer/broker of Dhaka Stock Exchange and in such capacity they involved in fraudulent activities in the year 1996 which is totally false concocted, mala fide and motivated. The petitioners firm Securities Consulted Ltd is a...... 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. ...... exercise is justified to prevent the abuse of the process of the Court and to do the real and substantial Justice for the administration of which alone the Court exists. “10. The inherent jurisdiction should not be invoked where some other remedy is available. The jurisdiction given by s..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)
....n in possession and enjoyment of the suit land sold 0.15 acres of land by a registered kabala dated 18-11-74 appertaining to SS plot No.2007 as also 0.48 acres of land appertaining to SS plot No.2088 totaling 0.63 acres of land out of the suit land in favour of defendant No.1 Chand Miah. Said Abul H......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. ......his submission the learned Advocate has pointed out that the act of setting-aside that sale in auction having been done by the Circle Officer of the concerned Upazilla in the year 1974 it was without jurisdiction. Referring to the provisions of section 3(3) of Public Demand Recovery Act the learned ..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
....s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ...... 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 circumstances to show that he had exclusive posÂsession over the spot or......s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....led against them and they are disÂcharged 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. ....... It was suspected that accused conÂjointly by assaulting and torturing murdered her for the cause of dowry, then she was hanged in a rafter of conjugal home. After autopsy the cadaver was buried in absence of the accused. Then P.W.1 as complainant filed a complaint before the Magistrate, Sherpur w......led against them and they are disÂcharged 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. ..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....e may 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) 58. ......dge, Feni took cognizance against the appellant under section 26 of the Anti-Corruption Commission Act, 2004 and Rule 15 Gha (5) of the Emergency power Rules, 2007. 4. After taking cognizance in absence of the appellant, the learned Senior Special Judge, Feni framed, charge section 26 of the sa......e may 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) 58. ..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....could not be recorded by the trial Court. 4. The defence case, as it appears from the trend of cross-examination of the prosecution witnesses is the case of innocence, false implication and total denial of the prosecution case. The further defence taken is that the accused did not murder d...... recognition of this case though the means of recognition is an important factor in proving the charge against the accused. In the case of State Vs. Monjur, reported in 15 BLD 193 it was held that in absence of a reliable means of recognition renders the case doubtful. 46. If we leave everythin......occurrence been seen by them they would have taken all the possible effort to aver it in the FIR. 30. In this regard we find support to our above contention from many reported cases of our jurisdiction. The Appellate Division in the case of Nowabul Alam Vs. State reported in 15 BLD (AD) 5..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....to be made clear that this power cannot be used to supplant the law applicable to the case. This means that acting under Article 142 the Supreme Court cannot pass an order or grant relief which is totaly inconsistent or goes against the substantive or statutory enactments pertaining to the case....... having lack of power agrees to do an act the other party relying on that agreement acted to his detriment yet he would not be able to plead the doctrine of promisÂsory estoppel. Moreover, in the absence of lack of power or statutory prohibition the Government or the statutory body cannot be al......er mooted. Neither in the writ petition nor in the leave petition the appellant had taken any ground questioning the authority of the Government to pass the impugned orders on the basis of lack of jurisdiction or on the principle of promissory estoppel. 28. The position of law is well settl..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)
....ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ......ed to prove the service of summonses of the case upon the pre-emptee petitioners through usual way, it is not safe to rely upon the statutory presumption of service of summonses through post in the absence of the acknowledgement receipt,……………………….(16) Case Referred to- ......ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....y, and worse even is the culpable nonfeasance of those functionaries who are bounden with statutory obligations to protect this Fort and other places of historic importance which are on the way to total dissipation due to greedy foray of the grabbers. This is about time the respondents are awake......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: ......tion to stop the on going construction work, but no action has been taken by the Police Station, although it is certainly the duty of the local police to stop any illegal construction within their jurisdiction. 8. Director General of Bangladesh Archeological Department has submitted an appl..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....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. ......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. ......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. ..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Elite Lamps Ltd. Vs. Government of BanglaÂdesh and others, 2011, 40 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦.Respondents Judgment 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? ......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. ......rd resolution and pursued their suit against the petitioner. 6. There is no cause of action of the suit after Board resolution and the continuation of the suit is illegal, malafide and without jurisdiction. 7. Mr. Wadud Bhuiyan learned Senior CounÂsel appearing on behalf of the petitio..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
.... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......d another Vs. State and another reported in 14 BLC 527. In those cases two different Benches of the High Court Division consistently held the view that on receipt of a police report, the Tribunal has jurisdiction to direct further investigation or to take cognizance of offence or to discharge the ac..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
Abdul Gaffar and others Vs. The State, 2011, 40 CLC (HCD)
....appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:......appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:......appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
.... Court is required to consider section 62 and to examine whether or not there was really existence of the novation of contract. The courts below though held that there was novation of contract but totally ignored the question as to whether in the facts of the given case, there was novation of th......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......gard. Taking these facts into consideration the question is whether the findings of the court of appeal below have been legally interfered with by the High Court Division exercising its revisional jurisdiction. 6. Mr. Mahmudul Islam, while supporting the judgment of the High Court Division ..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
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