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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. ......ince the disinvestment order was passed earlier BJMC had no authority to transfer any of its employee including the writ-petitioner to any disinvested Jute Mills after the said date of 27-09-1982 and accordingly, declared the order of transfer of the petitioner as illegal and without lawful authorit...... Result: The appeal is allowed. When someone resigns from his service factually and legally, he can not make any prayer for reinstating him.......................(16) Cases Referred to- Chairman Petro-Bangla Vs. AKM Fazlul Karim, 15 BLD (AD) 114. Lawyers Involved: To......e said writ petition before the High Court Division challenging his release order dated 31-12-1982 from Bangladesh Jute Mills Corporation (BJMC) i.e. the present appellant to have been issued without lawful authority and is of no legal effect and as to why a direction in the nature of mandamus shoul..

Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152

JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....tary affidavit has stated in paragraph 3 that he had already deposited an amount of Taka.29,84,471 as a statutory deposit for filing appeal with an application, we are of the view that the ends of justice would be best served if a direction is given by this Division upon the respondent No.1 to a......se and VAT Commissionerate, Narayangonj served a notice upon the petitioner asking him to show cause alleging evasion of VAT under section 55 of the VAT Act 1991 in the year 2005. The petitioner accordingly replied to the said notice. Thereafter the petitioner received the demand dated 28-6-20......nd others…………………………………….Respondents Judgment December 12, 2011. Result: The Rule is disposed of with observations and direction. Cases Referred to- Usha Chemical Industries Ltd. Vs. Bangladesh, 63 DLR 563; Beximco Pharma Ltd. Vs. NBR; Bex......5,98,44,700.67 allegedly to have fallen unpaid VAT, under Section 55(1) read with section 37(2) of the Value Added Tax (VAT) Act, 1991 (Annexure-C) shall not be declared to have been issued without lawful authority and is of no legal effect. 3. The background leading to the Rule, in short, ..

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. ......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. ......ip;…………………………Opposite-parties Judgment December 12, 2011. Result: The Rule is discharged. Cases Referred to- 28 DLR (AD) 18; 31 DLR (AD) 69; Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44 = 2......ey for the Zia Orphanage Trust, she had no control over it and it became money of the Zia Orphanage Trust; and it being a Private Trust, the Government or Anti-Corruption Department has no control or lawful authority over the Trust to bring the instant Criminal Proceeding in this manner. The Orphana..

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. ......2009. After that, the leave petitioner filed a second revision before the High Court Division under section 439 A of the Code of Criminal Procedure. 12. There is no gainsaying the fact that according to sub-section (4) of section 439 of the Code of Criminal Procedure the High Court Divisio....... V of 1898); ss. 439 (4) & 439A An order passed by the Sessions Judge or Additional Sessions Judge, as the case may be, under section 439 A of the Code of Criminal Procedure is not amenable to the revisional jurisdiction of the High Court Division under section 439 of the Code of Criminal ......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)

....r joining in service. Thereafter, the respondent No.3 by the impugned letter dated 02.08.2008 cancelled the appointment of the petitioner. On 10.05.2008 the petitioner served a legal notice demanding justice for cancellation of the impugned order and to accept the joining report but the respondents ......receiving the judgment. 7. Mr. Rajik Al-Jalil, the learned Deputy Attorney General appearing for the petitioners has taken us through the impugned judgment and other materials and submitted that according to paragraph 12 of advertisement for the recruitment of the Assistant Teacher, it was mand......r................................................Respondent Judgment December 8, 2011 Result: The leave petition is dismissed. Lawyers Involved: Rajik Al-Jalil, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record- For the Petitioners. Md. Fazlur Ra......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)

....ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ......ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ......��…(18) Lawyers Involved: Md. Ekramul Islam, Advocate - For the Appellant. Bivash Chandra Biswas, Advocate - For the Respondent No.1. Gazi Md. Mamunur Rashid, Assistant Attorney-General - For the State. Criminal Appeal No.1450 of 2006. Judgment M Enayetur ...... 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. ......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. ......ent December 7, 2011. Result: The appeal is allowed. The Nari-o-Shishu Nirjatan Daman Ain, 2000 (Act No. VIII of 2000); section 9 (1) The victim as a grownup woman lived together with the appellant for six years as husband and wife. She was a consenting partner of the a...... 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. ......m over telephone to withdraw the case which is enough to prove the misuse the privileges of bail at this stage. 10. In the light of the above observation we do not find any merit in the Rule and accordingly the Rule is to be discharged. 11. The accused-petitioner who alleged to have commit......��…………………Accused-Petitioner Vs. State……………….......................................Opposite Party Judgment December 7, 2011. Result: The Rule is to be discharged. Lawyers Involved: Golam Kibria, Advocate - For the accused Petitioner. ......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. ......No.80 of 2008 is set-aside. The application field under Order I Rule 10 of the Code of Civil Procedure by the 3rd party petitioner is allowed. Plaintiff opposite party is directed to amend the plaint accordingly. The learned Judge is directed to proceed with suit in accordance with law. Communi......cedure that 3rd party petitioner claimed the suit land on the basis of prior heba-bil-ewaj deed and also by purchase from defendant No.1 and title and possession having been transferred and delivered to the applicant, as such, if any decree be passed against title and possession less defendant ......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)

....ution or continuance of criminal proceedings against an accused person may amount to an abuse of the process of the Court or when the quashing of the impugned proceedings would secure the ends of justice; (c) Where there is a legal bar against institution or continuance of a criminal case a......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. ......………………………….Petitioner Vs. State………………………………Opposite-party Judgment December 1, 2011. Result: The Rule is made absolute. Cases Referred to- Abdul Quader Chawdhury Vs. State, 28 DLR (AD) 38; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 4......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)

.... view, the proceeding against the petitioner deserves to be quashed otherwise, the genuine business community 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 se......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. ......hellip;…………….......Opposite-party Judgment November 30, 2011. Result: The Rule is made absolute. Confessional statement can not be sole factor of quashment In a case where the accused petitioner is not FIR named and he was implicated ......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)

....ass 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, but there was no response to the said notice; hence they fi......roper" do not authorise a writ Court to give relief beyond the Rule issuing order, such prayer authorises the writ Court to give any incidental relief or reliefs which may follow from the main relief according the Rule issuing order. But in the instant case when the main prayer was made as to why re......s Vs. Amzad Hossain and others...........................Respondents Judgment November 24, 2011. Result: The appeal is disposed of. Lawyers Involved: Murad Reza, Additional Attorney-General instructed by Md. Firoz Shah, Advocate-on-Record-For the Appellants. Israfil Hossa......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)

....ued that there is a danger in the excessive devotion to the rule of benefit of doubt at the expense of social defence and to the soothing sentiment that all acquittals are always good regardless of justice to the victim and the community. In the context of escalating crime and escape, the Benthami......te that the incident is a heinous one in which the victim Anita Rani (P.W. 2) lost her one eye and sustained other burn injuries on her neck and face. Whatever might be the brutality of the incident, according to our criminal jurisprudence which is being followed since the end of nineteenth cent......………………………………………………………………………………..Respondent Judgment November 24, 2011. Result: The Appeal is allowed in part. Cases Referred to- Sivaji Bobade Vs. State of Maharashtra, (1973) 2 SCC 793; Sogaimuthu Padayachi Vs. Emperor, A......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)

....on 17(e) (ii) (iv) of the Ordinance, 1969 have been disclosed against the petitioners and, as such, the impugned proceeding is nothing but an abuse of the processes of the Court and to secure ends of justice the proceeding may be quashed. In support of her submission she refers the case of Abdul Qua......in the case and upon hearing the parties found that there are sufficient materials to proceed against the accused under section 17(e) (ii) (iv) of the Securities and Exchange Ordinance, 1969 and accordingly framed charges instead of discharging the accused. But at the trial before holding ......ment November 23, 2011. Result: All the Rules are discharged. Securities and Exchange Ordinance (XVII of 1969); Section 24 Where the person guilty of an offence referred to sub-section (1) is a company or other body corporate, even Director, Manager or other Officer res......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)

....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. ......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. ......se possession neither pleaded nor any evidence 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 ......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. ......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. ......ct, 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 possession over the spot or that none else has excess to it, cannot ......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. ......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. ...... Death Reference No.33 of 2006 is accepted. The Criminal Appeal No.2022 of 2006 and Jail Appeal No.341 of 2006 are dismissed. The Criminal Appeal No.1712 of 2006 is allowed. Cases Referred to- State Vs. Aynul Huq, 9 MLR 393 = 9 BLC 529; Kumar Saha Vs. State, 2 BLC (AD) 126; Abdul Mutal......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)

....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. ......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. ......State and another……………………….Respondents Judgment November 20, 2011. Result: The appeal is allowed. Case Referred to- Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir, 62 DLR (AD) 290. Lawyers In......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. ......e Police Station in the place of occurrence narrated the occurrence to him who recording the same as First Information Report (in short, the FIR) sent to the police station for recording the case and accordingly Gangnee Police Station Case No.8 dated 10-11-1998 was recorded. The case was investigate......rt Division (Criminal Appellate Jurisdiction) Present: Syed Md Ziaul Karim J ANM Bashir Ullah J State.....................................Petitioner Vs. Rustom & 2 others………………….Condemned-Prisoners ...... 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)

....vernment of Bangladesh & others.....................Respondents Judgment November 16, 2011. Result: The appeal is allowed-in-part. Words and phrases Complete justice The term "complete justice" cannot be defined and it has no definite meaning; any atte......n-making process. Whether the expectation of the claimant is reasonable or legitimate in the context is a question of fact in each case. (3) The legitimate expectation has to be determined not according to the claimant's perception but in larger public interest wherein other more importa....... Result: The appeal is allowed-in-part. Words and phrases Complete justice The term "complete justice" cannot be defined and it has no definite meaning; any attempt to define it would defeat the very purpose of such power. The expression 'complete justice' conta......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

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