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Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ......trine of legitimate expectation. He stickled with visible inexpugnability that the authorities can not remain be-nighted on plights the impugned decision would entail. 17. For us the decisive question is whether placing a sudden proscription on the perennially pursued policy of footing S.C ...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Mohammad Noor-E-Alam Jahangir Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....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: ......ring in person, perused the leave petition, the impugned order passed in Review Petition No.58 of 2010 and the judgment passed in Civil Petition for Leave to Appeal No.1484 of 2006. 4. From the facts as stated in the leave petition, it appears that the present petitioner filed Writ Petition No..Category: Civil Law, Contempt of Court Law | Date: 5 Jan, 2012 | Hits: 90
Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)
....per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ......per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ...... as such the intention of the legislature is for the benefit of citizens of the country, including the accused, whose interest is served best by the speedy conclusion of the trial. Moreover, from the facts of the instant case it does not appear that any prejudice will be done to the accused-petition..Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92
Anti-Corruption Commission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
....ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ......ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ......or Leave to appeal has been filed by the petitioner against the Order dated 18-7-2010 passed a Division Bench of the High Court Division in Criminal Miscellaneous Case No.20319 of 2010. 3. Short facts necessary for disposal of this Leave Petition are that on a First Information Report (FIR) lod..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ...... Result: The Civil Petition for leave to appeal be dismissed. Whether the pre-emptors owned and possessed any land contiguous to the land transferred. The schedule of the sale deed in question is an important indication to show the presence of any government or public road in between......dent Nos.1 and 2 has argued to the effect that all the courts below have duly considered the Advocate Commissioner's report and also the D.P. parcha produced at a very belated stage and the other facts and circumstances and rightly found that the pathway in between the land transferred and the l..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....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. ......t quashment of the proceeding of Special Case No.2 of 1993 pending in the Court of Sessions Judge and Senior Special Judge, Munshiganj, and further proceeding of the case was also stayed. 3. The facts relevant for disposal of the Rule are briefly stated below. An Inspector named Abu Sayed ..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Somed Ali Vs. State, 2011, 40 CLC (AD)
....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. ......port to the defence case; the High Court Division as well as the trial Court considered the defence case but disbelieved the same because of the nature of the injury sustained by the victim. In the facts and circumstances of the case and the evidence on record, the High Court Division rightly foun..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)
.... 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. ......er section 409 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 and sentenced him thereunder. Thus the appeal is liable to be disallowed. 10. The only question is whether the learned Judge of the trial Court pronounced the Judgment after proper apprec......llowed. 10. The only question is whether the learned Judge of the trial Court pronounced the Judgment after proper appreciation of the evidence of the P.Ws. and after proper consideration of the facts and circumstances of the case. It appears that the appellant before lodging FIR as per or..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and others, 2011, 40 CLC (AD)
....record." Security of Tk. 1,000/- is to be deposited 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 deposited 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. ......respondent No.14 has made submissions supporting the impugned judgment and order of the High Court Division. 7. We have considered the submissions of the learned Advocate of both the sides and the facts and circumstances. We find merit in the submissions of the learned Advocate for the petitioner..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
....No.19 of 2009 and 18 of 2009 respectively. In pursuance of such direction we have fixed these two matters for hearing analogously since the question of facts and law involved in these two matters are identical which arises out of same occurrence and the conducting advocates are also the same. It is ......ng by order passed in Criminal petition for leave to Appeal No.19 of 2009 and 18 of 2009 respectively. In pursuance of such direction we have fixed these two matters for hearing analogously since the question of facts and law involved in these two matters are identical which arises out of same occur......ot be an instrument of oppression, or, needless harassment where the concerned 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 p..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....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. ......ether the writ-petitioner ceased to be an employee of BJMC after he resigned from service on the 3rd day of June, 1987 and thus he had any legal claim to be taken back in BJMC. 13. To answer the question, we need to see the statements made in the writ petition. There is no dispute that the peti......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)
....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. ......ly. From the supplementary affidavit filed by the petitioner dated 11-5-2010 it appears that the engaged Advocate of the petitioner-company Mr. Abdul Kader Shukkur who was pursuing the case in question died on 16-8-2004 and after his death the petitioner company was not at all aware of the p......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)
....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. ......-petitioner. There is no allegation that the accused-petitioner had any overt act or involvement in the alleged offences as she herself did not do anything with the monetary transactions and the question of misappropriation of money from the bank account does not arise. In fact, the donation to...... of Corruption Act, 1947, now pending in the Court of Metropolitan Special Judge, Dhaka, should not be quashed or any other order passed as to this Court may seem fit and proper. 2. The relevant facts for disposal of the Rule are that on 3-7-2008, Mr. Harunur Rashid Sub-Assistant Director, Anti..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
.... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ...... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ......08 passed by the learned Judicial Magistrate arising out of Complaint Register Case No.108 of 2007 now pending before the learned Additional Chief Judicial Magistrate Court, Tangail. 2. The facts, leading to the filing of this petition, in short, are: 3. Complainant-respondent No.2 fi..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....eport issued a letter addressing the respondent No.5 intimating him that hand writing of the petitioner as appeared in the application for appointment and that of joining report does not appear to be identical. Thereafter, respondent No.5 issued a letter to respondent No.4 asking him to submit a spe......ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ......service as it appears from Annexure-F. Now we can legitimately aspect that the respondents have got no scope to make any departure from the aforesaid recommendation of the respondent No.4. From those facts, circumstances and materials on record we are inclined to hold that the respondents are bound ..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Golam Ahmed Vs. State, 2011, 40 CLC (HCD)
....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. ......Nirjatan Daman Tribunal, Sunamganj, (hereinafter referred as the Tribunal), in Nari-o-Shishu Case No.40 of 2009 framing charge under section 9(i) of the Ain against the accused-appellant. 2. The facts relevant for the purpose of disposal of the appeal, in short, are that informant Sultana Luc..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233
Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)
....the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary 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 necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ......e physical relationship with the victim was established on their mutual consent 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 o..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
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. ......e allegations in the First Information Report or the Complaint, even if they are taken at their face value and accepted in their entirety, do not constitute the offence alleged and in such cases no question of weighing and appreciating evidence arises; and (e) The allegations made against the......l of the case was concluded in absentia. 5. After hearing both the prosecution and the accused present in the dock and on an assessment of the evidence and materials on record and in view of the facts and circumstances of the case, the Learned Tribunal Judge convicted and sentenced the petiti..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. ......stant Attorney-General appearing on behalf of the although police after investigation submitted charge-sheet against the petitioner under section 420/406 of the Penal Code, as such, the proceeding in question cannot be held to be an abuse of process of the court and thus, the rule is liable to be di......ponding to Kotowali Police Station Case No.05 dated 02-4-2008 under section 420 of the Penal Code now pending before the Metropolitan Magistrate Court, Dhaka should not be quashed. 2. Brief facts necessary for the disposal of this rule are as follows; On 02-4-2008 Md. Habibur Rahman l..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....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. ......e not entitled to get any relief in the writ petition and the Rule was liable to be discharged on that ground alone. He has further submitted that the writ petition was not maintainable in law as the question of gradation of the writ-petitioners as Second Class Gazetted Officers falls within the ter......ition on the ground of availability of the efficacious remedy before the Administrative Tribunal was not taken before the High Court Division, it had no chance to dwell upon the same. However, in the facts and circumstances of the instant case and the merits of the claim of the writ-petitioners as..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
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