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Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
....d Judicial Magistrate, who framed charge against the leave petitioner and that the High Court Division affirmed the judgment of the learned Additional Sessions Judge without looking into the relevant provision of law and, as, such, the impugned judgment should be set-aside. 9. Mr. Md. Aftab Hos......gistrate, who framed charge against the leave petitioner and that the High Court Division affirmed the judgment of the learned Additional Sessions Judge without looking into the relevant provision of law and, as, such, the impugned judgment should be set-aside. 9. Mr. Md. Aftab Hossain, learned..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....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 specific decision in the light of the provision of clause 12 of the instructions for appointment. The respondent No.4 then recommended to ......des, made the Rule absolute holding that the impugned letter of cancellation of the appointment letter as communicated by letter dated 02.08.2008 under the signature of respondent No.3 issued without lawful authority and of no legal effect. The respondents were also directed to make necessary arrang..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
...., 2011. Result: The appeal is allowed-in-part. Relationship between the Nari-o-Shishu Nirjatan Ain, 2000 and the Code of Criminal Procedure, 1898 and the Penal Code, 1860 Since specific provision has been made in Nari-o-Shishu Nirjatan Ain, 2000 for punishment of making false allegatio...... put stigma for her whole life. On the basis of the said first information report Mohammadpur Police Station case No.07 dated 19-1-2006 under section 9 (4) (kha) [as written in the FIR, though in the law there is no such section] of the Nari-o-Shishu Nirjatan Daman Ain, 2000 was started. 3. The p..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
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. ...... She was fully aware of Muslim marriage. She willingly surrendered herself to the carnal desire of the accused. After living together as husband and wife for six years the victim moved the court of law with the allegation that the accused was practicing fraud upon her, obtained her consent to have..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. ......e with the bail, granted earlier by this bench. Moreover if the accused-petitioner is found to be a biological father he is also ready to bear the expenses and maintain the child in accordance with law but on such ground the bail, which has already been granted, cannot be re-called. 6. On the..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
....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. ......ansferred and delivered to the applicant, as such, if any decree be passed against title and possession less defendant No.1 then that decree would be unexecutable as it is a settled principle of law that no court could pass any decree which if passed would be unexecutable and infractuous. ..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
Shahjahan Vs. State, 2011, 40 CLC (HCD)
.... BLC (AD) 16. 12. In the case of Sher Ali Vs. State reported in 46 DLR (AD) 67, the Appellate Division has held that, the inherent power may be invoked independent of powers conferred by any other provisions of the Code of Criminal Procedure and this power may be exercised to quash a proceeding o......s to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of the Rule may be briefly stated as follows: The accused Md. Bazlur Rahman alias Kismat is the brother-in-law (sister's husband) of the informant Md. Jahir Uddin of village Arntoli,1 Police Station Gangni, ..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....ity will be strangulated by indiscriminate use of machinery of the criminal administration of justice by interpretative decisions and doing violence to the enactment. 18. In view of this settled provision of law the irresistible conclusion is that this proceeding must be quashed. 19. In th......ing petitioner Implicating a petitioner in the charge-sheet on the basis of confessional statement is baseless and proceeding against the accused petitioner is purely abuse of the process of the law.......... (12) Cases Referred to- Abdul Quadar Chowdhury Vs. State, 28 DLR (AD) 39. ..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
.... President in exercise of the powers conferred on him by the proviso to article 133 of the Constitution after due consultation with the Public Service Commission as mandated inarticle 140 thereof, so provision of the Recruitment Rules, 1979 could not be ignored. It is also necessary to state that ......ment Rules, 1979, 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, ..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....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.......rity, the two circumstances referred to above are just not and cannot be conclusive evidence as to the guilt of the respondent (accused)." 13. Now taking into consideration of the statements of law discussed above, let us examine as to whether the High Court Division is justified the maintaini..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
....shy;sion be deemed to be guilty of the offence. Following Sub-section (2) of section 24 of the Ordinance, the onus lies on the accused to prove that he is not guilty of the alleged offence. This provision of law is some extend different from ordinary Criminal Jurisprudence, that the prosec......eemed to be guilty of the offence. Following Sub-section (2) of section 24 of the Ordinance, the onus lies on the accused to prove that he is not guilty of the alleged offence. This provision of law is some extend different from ordinary Criminal Jurisprudence, that the prosecution has to ..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)
....cate 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 Advocate for the respondents su......ce lent Adverse possession was neither pleaded nor any evidence was lent by the plaintiffs, findings arrived at by the trial court is no doubt a gratuitous one which is not at all sustainable in law. Plaintiff is to prove his case The case of the defendants have been established by c..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 said arms. The learned Judge of the Druta Bichar Adalat did not commit any error or illegality in convicting the appellant. 11. Let us now discuss the evidence on record and the proposition of law whether the learned Judge of Druta Bichar Tribunal in convicting and awarding sentence against t..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....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. ......currence. He lastly submits that the impugned Judgment and order of conviction and sentence based on misreading and non consideration of the evidence on record which cannot be sustained in the eye of law. 16. In order to appreciate their submissions we have gone through the record and given our a..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
.... the said decision it has been held that "issuance of the notice on 18-2-2007 was wholly illegal because as per Section 26 (1) the Commission is the only authority to issue the notice." The provision of Section 26(1) runs as follows: “২৬। সহায় সম্পত্......by the prosecution. It has not been proved whether the notice was issued by the competent authority and as such the Judgment and order of conviction and sentence is not sustainable in the eye of law and as such the same is liable to be set aside. 9. Mr. Md. Khurshid Alam Khan, learned Advo..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....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. ...... P.W.12. So, the trial Court should have not relied on the evidence of such partisan and related witnesses. Therefore, the impugned judgment and order of conviction and sentence is not sustainable in law. Thus he prays for rejection of reference and to allow the appeals and to acquit the condemned-p..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....crore Taka for installation of the TV station. The appellant-company has employed about three thousand employees in various levels all over the country. The appellant-company following all the provisions of law of the land and various NOCs issued by the Government and the BTRC as well carrie......ate 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 the past been permitted by the decision ..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)
....on service of summons was upon the respondents and they having not discharged the same it ought to have presumed that summons were duly served upon the respondents in view of due compliance of the provisions of Rule 19A(2) and the proviso to Rule 19B (2) of Order 5 of the Code of Civil Procedure......w about the ex-parte order for the first time on 26.05.1997 when the pre-emptor disclosed that he got the case land through pre-emption; then the petitioners enquired into the matter by engaging a lawyer and came to know definitely about the ex-parte order on 29.05.1997; the petitioners were ser..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... a Rule Nisi be issued calling upon the Respondents to show cause as to why the inaction of the respondents to take necessary steps to stop any kind of building and the respondents to implement the provisions of Section 12(c) of the Antiquities Act, 1968 and Rule 61 of Dhaka Metropolitan Buildin......Rule 61 of Dhaka Metropolitan Building (Construction, Development, preservation and Eviction) Rules 2008, in case of construction near Lalbagh Fort should not be declared to have been done without lawful authority and of no legal effect and/or pass such other or further order or orders as to thi..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....as decided independently but the rest were decided collectively in violation to Order XX Rule 5 of the Code of Civil Procedure. In sifting the statements of the witnesses the Trial Court followed the provision of law and observed that all the P.WS. deposed corroboratingly. The Appellate Court in rev...... 3. Mr.Mohammad Abdullah, the learned Advocate appearing on behalf of the petitioner submitted that the Appellate Court absolutely on erroneous understanding of the law, facts and without sifting the deposition and reverting the observations of the trial Court set-..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
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