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Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
...., represented by the Deputy Commissioner, Narayangonj and others………………………………………Opposite parties Judgment April 28, 2010. Result: The Rule is made absolute. Cases Referred to- 42 DLR (AD) 234; 1 BCR 131; AIR 1968 (Guj) 301. Lawyers ......robinda Kumar Roy, Assistant Attorney-General - For the opposite parties. Civil Revision No.3886 of 2008. Judgment Sheikh Abdul Awal J.- By this Rule the opposite party Nos.1-2 were called upon to show cause as to why the impugned order dated 10.7.2008 passed by the learned Joint ......hout any order as to cost. The impugned order dated 10.7.2008 passed by the learned Joint District Judge, Narayangonj in Miscellaneous Case No.8 of 2006 is set-aside and the case is remanded to the trial Court for fresh decision in the light of the observation made above. The order of stay grante......d in: 15 MLR (HCD) (2010) 473. ..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
....ainant served a notice to the petitioner by his advocate on 13.08.2006. The said notice was returned undelivered to the complainant on 22.08.2006. The petitioner requested the complainant to wait for sometimes. Because of request of the petitioner, the complainant waited some days and again presente...... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300....... taken against the petitioner. The petitioner voluntarily surrendered in the Court of Magistrate 1st Class, Tangail and obtained bail and thereafter the case was transferred to the Sessions Court for trial and it has been registered as Sessions Case No. 161 of 2007 who again transferred the case to ......ties Judgment April 25, 2010. Result: The Rule is discharged. Case Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195, Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44. Lawyers Involved: None appears - For the Petitioner. Niza..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....Siddiquee J Sheikh Hasina................Accused-Petitioner Vs. State and another..............Opposite-Parties Judgment April 22, 2010. Result: The rule is made absolute. Conditions to be fulfilled for bringing a case for quashment proceeding To ......with intent to make gain by abuse of power rejected the lowest bid of Taka 123,76,28,319 of the First Survey and Design Institute of Ministry of Railways, the People's Republic of China, (hereinafter called FSDI) for constructing Meghnaghat Site Preparation Project of PDB in order to give work to Ch...... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 .......gh Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina................Accused-Petitioner Vs. State and another..............Opposite-Parties Judgment April 22, 2010. Result: The ..Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....Motijheel Police Station against the accuseds (1) Md. Akbar Haider Raja and (2) Md. A. Quiyum alleging, inter alia, that on 05.04.2007 at about 14:00 hours while the informant along with other RAB personnel on petrol duty, received a secret massage regarding unloading of some contraband goods brough......nt. A line is required to be drawn between the general members of the community and certain classes of persons in the service or pay roll of the government exercising various public functions who are called public servants. [G.A. Monterio 1957 AIR (SC) 13]. In the decision reported in (1889) ILR 26 ......t the accused persons including the accused petitioner under Sections 25B and 25D of the Special Powers Act, 1974. Then the case was sent to the Court of Metropolitan Special Tribunal No.1, Dhaka for trial and registered as Metro Special Tribunal Case No.879 of 2007. 5. It is stated that the ac...... GA. Monterio 1957AIR (SC) 13 (1889) ILR 26 Cal 158 (DB) AIR 1973 SC 33; P.P. Unnikrishnan Vs. Puthyottil Ahkulty AIR 2000 SC 2952; S. Kuppuswami Rao Vs. The King, AIR 1949 FC1; Swesh Kumar Bhikamchand Jain Vs. Pandey Ajay Bhushan, AIR 1998 SC 1524; P.K Pradhan Vs. State, AIR 2001 SC 2547; Abdul A..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)
....ember Amzad Hossain Sarker Bhojey. On 30.10.2006 at about 8 p.m. Rabiul Islam went to Shipaigonj Bazar and accused Amzad Hossain Sarker Bhojey knowing the above fact he along with 12 other accused persons attacked his brother Rabiul Islam in front of the shop of Dhorony Roy and at the order of accus......not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ......ents of witnesses and thereafter he framed charge. 9. We do not find any illegality in the impugned order. The fact whether the occurrence took place or not it can only be decided at the time of trial on examination of witnesses and there is no reason to interfere the impugned order which is we......LR (HCD) (2012) 416. ..Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
.... decree to prove that summons upon the defendants were duly served. When it is established to the satisfaction of the Court that summons upon defendants were not served and the defendants were not so long aware of the suit, the ex parte decree is set aside………………………..(12) ....... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ......the third Court of Assistant Judge, against defendants for declaration of title and declaration that vested property proceedings in respect of suit land is illegal, void and not binding upon him. The trial Court by the Judgment and decree dated 01-06-2004 decreed the suit ex parte. Against which Add...... Supreme Court High Court Division (Civil) Present: Syed Md. Ziaul Karim J Md. Osman Gani alias Faruq Mia……………………Petitioner Vs. Deputy Commissioner and others……………………….Opposite parties Judgment April 6, 2010. Result..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... the Chief Judicial Magistrate, Barisal should not-be declared to be without lawful authority and of no legal effect. 2. Pending disposal of the Rule, further proceedings of the case were stayed so far as it relates to the accused petitioner. 3. The facts of the case relevant for disposal ...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ......edy The evidence that the prosecution has in respect of their prima-facie satisfaction about the petitioner's involvement in aiding and abetting the principal accused may only be seen by the trial Court when the evidence is placed before it. At that stage the petitioner will have the opport......ellip;…………………Petitioner Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others……………………………&h..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....2-20078 was issued upon Ahmed Akbar Sobhan (Shah Alam) as principal accused directing him to submit his statement of wealth, which he owns and possesses under his own name or in the name of his wife, son, daughter or any other members of his family or under any other name. On 9-12-2007 first informa...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ......idence which may show the extent and nature of the activity of the petitioner. The evidence which has been collected by the investigating authority is not before us and can only be looked into by the trial Court. The petitioner has the opportunity to challenge the further proceedings of the case und......al Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J Safiat Sobhan………………….Petitioner Vs. Anti-Corruption Commission and others………Respondent Judgment March 22, 2010. Result: Th..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....short, are that the petitioners are the citizens of Bangladesh and the Managing Director and the Director respectively of New Nation Garments Ltd. a bona fide export oriented garment factory and also exporting ready made Garments under back to back L/C. 3. The Respondent No.7 International......requested Respondent No.7 to take necessary step about the same with Bangladesh Bank in response to the letter dated 19.08.1998 of Respondent No.4 so far they are not in any way related with the so called involvement. The petitioner Vide letter dated 30.11.1998 also requested the Respondent No.8 ......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ......p;..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
.... Court will not hesitate to do what the Judicial Committee did………………........ (33) Additional evidence Where additional evidence came into existence some time after the disposal of the suit, the appellate Court would be justified in admitting the ad......t No.6. 4. It is further plaint case that, plaintiff was ready and willing on the date fixed to execute a proper deed of sale on receiving the balance of the purchase money and had in fact called upon defendant No.1 to perform his part of the contract and to pay the balance of the purchas...... additional evidence even at the appellate stage, if the Court thinks that but for the additional evidence there would remain some inherent lacuna and defect in the evidence made available before the trial Court. ..................................(34) Cases Referred to- Jadav Chandra Vs. A......bsp; AKM Abdul Hakim J Abdur Rouf Chowdhury (Md.) & others……................ Appellants Vs. Mirza Shahabuddin Ispahani and others...................Respondents Judgment March 10, 2010. Result: ..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....ecretary for Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka and others…......................Respondents Judgment March 9, 2010. Result: The Rule is made absolute. Cases Referred To- Parichhat Vs. State, AIR 1972 SC 535; Nazrul Islam Vs. The Stat......squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......n Act, 1974. On receipt of the same Md. Matiur Rahman, Metro Senior Special Judge, Dhaka took cognizance over the matter and referred the case to the Court of the Divisional Special Judge, Dhaka, for trial. 4. The Senior Special Judge concerned, by a letter dated 1.2.2003, confirmed the receipt...... Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Borhanuddin J Sheikh Hasina Wazed, alias, Sheikh Hasina, former Prime Minister of Bangladesh, wife of Dr. Wazed Ali Mia and daughter of the Father of the Nation Late Bangabandhu Sheikh Mujibur Rahman Sudha Sadan, House N..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....eople’s Republic of Bangladesh, Bangladesh Secretariat, Secretariat Building, Ramna, Dhaka and others......... Respondents Judgment March 4, 2010. Result: The Rule is made absolute. Case Referred To- State of Kerala Vs. TP Roshana, AIR 1979 (SC) 765; Maico Jute an......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ers, Mr. Abdul Matin Khashru submitted that the said passage in the FIR divulges an inexonerable flaw and fallacy. He went on to state that Article 35 of the Constitution of the Republic contemplates trial without undue delay, whereas in the instant case no step was taken until 2005, while the FIR w......eported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ple’s Republic of Bangladesh, Bangladesh Secretariate, Secretariate Building, Ramna, Dhaka and others......... Respondents Judgment March 4, 2010. Result: The Rule is made absolute. Case Referred to- R Vs. Lowle 1759; Groenvelt Vs. burwell, 1700 1 Ld. Raym 454; R ......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......bers, Mr. Abdul Matin Khashru submitted that the said passage in the FIR divulges an inexonerable flaw and falacy. He went on to state that Article 35 of the Constitution of the Republic contemplates trial without undue delay, whereas in the instant case no step was taken until 2005, while the FIR w......Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
....In due course the investigation of the case was handed over to the And Corruption Commission, who after due investigation submitted charge sheet dated 23.9.2007. The allegation is that the accused persons were involved in the sale of 18 abandoned houses after evaluating the market price thereof and,...... M. Mahbub Uddin, appearing on behalf of the petitioner submitted that the sanction was given for submitting the charge sheet on 20.9.2007, but there is nothing on record to suggest that the ACC ever called any meeting regarding the sanction. He submitted that each case has to be decided individuall......les is hereby vacated. Bail of the petitioners is cancelled.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
......hellip;…………………………………Petitioner (In Writ Petition No. 7195 of 2008)
Vs.
Anti Corruption Commission and others……………………………&h..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....1860); section 82 It is a tragedy that the law enforcing agencies are unaware of the fundamental laws of the country, namely s. 82 of the Penal Code, 1860. According to this section, any police personnel worthy of his badge cannot arrest a child below the age of nine years, since that child is im......arate from adults and convicted prisoners should not be allowed to mix with those under trial……………………….(30) The damage done to the children by placing them in prison for their so-called ‘safety’ can never be compensated, but the officials concerned who have perpetrated such ......ept overnight as a place of safety. . . The law requires that children kept in any confinement, must be kept separate from adults and convicted prisoners should not be allowed to mix with those under trial……………………….(30) The damage done to the children by placing them in prison f......Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J The State..............................Petitioner Vs. The Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others....Respondents. Judgment March 1, 2010. Result: The Rule is disposed of with..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....oners Vs. Md. Abdur Rahman Siddique and others………………………….Opposite Parties Judgment February 25, 2010. Result: The leave granting order is made absolute. The Bankruptcy Act, 1997 (Act No. 10 of 1997); section 3 The General ......nt District Judge, 1st Court, Naogaon in Other Execution Case No.3 of 1990 allowing an application under section 33(1) of the Bankruptcy Act, 1997 (hereinafter referred as "the Act, 1997") has been called in question. This Court instead of granting leave as per law has issued a rule. Since the m......the rule being defendant preferred First Appeal No.212 of 1990 before the High Court Division and that appeal was dismissed by the judgment and decree dated 04.12.1995 with some modification of the trial Court's judgment and decree. This Court in dismissing the appeal minimized the principle dec....... Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)
....er Lypi……………………………………Petitioner Vs. Bahadur Khan and another………………….Opposite Parties Judgment January 27, 2010. Result: The Rule is made absolute. Although the law, as provided under Section 494 of the Code of Criminal Procedure, author......his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......ded under Section 494 of the Code of Criminal Procedure, authorizes a Public Prosecutor to make a prayer to the Court for withdrawal of the case from prosecution but that is subject to consent of the trial Court and that the Court would exercise its function judicially before giving such consent whi......Division (Criminal Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdul Hye J Ayrin Akhter Lypi……………………………………Petitioner Vs. Bahadur Khan and another………………….Opposite Parties Judgment January 27, 2010. Result: Th..Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
....Tenancy Act for preemption of the case land, stating, in short that the total land under B.S. khatian No.1196 belonged to Jabeda Khatun, Md. Yeasin, Foyez Ahmad and Aslam Miah; the said Jobeda Khatun sold out her portion to Fakir Ahmad. That said Yeasin died leaving behind a wife, sons, namely, Shab......L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ......rict Judge, Second Court, Chittagong by judgment and order dated 04.04.2007 allowed the Miscellaneous Appeal and thereby allowed the preemption upon setting aside the judgment and order passed by the trial Court. Being aggrieved by the aforesaid appellate judgment and order the pre-emptee petition......LD (HCD) (2011) 422. ..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
....laintiff No.1 Chandraban Bibi purchased the land by auction.
Thereafter, Chandraban Bibi transferred the land 2.04 acre from the plot No.138
on 14.09.1949 vide Heba-Bil-Ewaj deed No.4367 to her two sons Abdul
Karim and plaintiff No.1 Abdul Jabbar. In that deed plot No.168 has been
written errone......he order of stay granted at the
time of issuance of the rule is hereby vacated.
Send down the L.C. Records
immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
......line and paid all rent. This plaintiff filed various cases and suits
for harassing this defendants. The plaintiff has no right, title and the suit
is to be dismissed with costs.
4. The learned trial Court on
consideration of the evidence and materials on record decreed the suit. As
against ......iately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....n idol, a Debuttor is managed and administered and it is in an ideal sense that the dedicated property vests in an idol and in the nature of things the possession and management of it is entrusted to some person as Shebait. He is the person entitled to speak on behalf of the deity on earth and is en......he English sense of the word was unknown in Hindu law. Hindu piety found expression in gifts to images consecrated or installed in temples or to religious institutions, by whatever name they might be called. In the case of a temple, it is the idol which is the juristic person, while in mutts the jur......nt but inadvertently, they have not exhibited the said deed and takes us to the said deed of endowment from the record. We noticed that the plaintiffs had filed the deed of endowment in the course of trial of the suit but they did not mark it as exhibit. In this Court, they filed an application for ......so Reported in:61 DLR (HCD) (2009) 679. ..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
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