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Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ......ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ......minal Procedure failing which there causes miscarriage of justice. This view finds support from the case law of State Vs. Manu Miah, 54 DLR (AD) 60, Abu Taher Vs. State, 1991 BLD (AD) 81. From the facts and circumstances and the discussions as made above I have reason to believe that the prosecut..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ......ged by any parties, purchase of respondent Nos.11-14 from plaintiff appellant shall stand acquiring good title to them and possession, of respondent Nos.11-14 under such purchase cannot be questioned by anyone. 10. On considering the entire material before us as regard title of the ......dvocate, appearing for the defendant No.1, submits that, learned Judge on finding that the schedule of the property and cause of action having not reflected property dismissed the suit and on the facts of the given case learned Judge committed no illegality in dismissing the suit. 9. Mr...Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)
....ule is herby vacated. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in:......ong with compensation of the said acquired land fixed by the opposite party No.4. The present opposite party No.1-3 in his application stated that the present opposite party No.4 acquired the land in question against L.A. Case No.1/85-86 for expansion of Motijheel Commercial Area, Dhaka for the pres......District Judge and Arbitrator, Dhaka in Arbitration Revision No. 110 of 1992 should not be set aside or pass such other or further order or orders as to this court may seem fit and proper. 2. The facts of the case, in short, are that the present applicants were the owners of a land measuring .12..Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165
Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)
....resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ......discretion as to the composition of the team should be left with him, believing that he is best placed to know who posses the expertise to advise on this intricate and, as we understand, technical question, to prevent pouring and throwing hellacious substances in the river. 18. We do, neve......resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ..Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ...... resolving the gas problem in the country. From Annexure-E it is clear that BGP (Bangladesh) International along with 7(seven) other companies were short listed, not the petitioner-company. Hence, question of submitting RFP by the petitioner does not arise at all. It has also been stated that le......respondent no.8 is presenting RFP by BGP Inc., CNPC for being a separate entity from BGP (Bangladesh) International. In view of the same the arguments so made by Mr. Amin is of no substance in the facts and circumstance of the case. The fact remains that Petrobangla considered the EOI of B..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
.... by the petitioner in Company Matter No.61 of 2010 Mr. Karim submitted that the petition also confirms this position. He submitted that the meaning of "promoter" and "sponsor" are identical and these two words have been used in the Articles of Association interchangeably. Mr. Kar......espondent Nos.2A and 2B while in Company Matter No.62 Zeyad Rahman was added as respondent No.2A. Since the subject matter of both the applications center around the same factual aspects and the same question of laws are involved, both the matters are heard together and being disposed of by this com......r around the same factual aspects and the same question of laws are involved, both the matters are heard together and being disposed of by this common judgment which will govern both the matters. The facts of these two matters are as follows: 2. Company Matter No.61 of 2010. The case ..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)
.... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ...... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ......amined none. The accused persons were examined under Section 342 of the Code of Criminal Procedure but they claimed their innocence. Thereafter, upon hearing both the parties and considering the facts, circumstances and evidence on record the learned Special Judge passed the impugned judgm..Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ......th the holding of the general election of members of Parliament, rather, contained a policy decision of the Government, as such, violative of Article 58D(1) of the Constitution. 16. Besides, the question of double jeopardy does not arise since there were no proceedings in accordance with law ag......nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ...... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ......f no legal effect." By the Rule issuing order the proceeding of the said Execution Case was stayed initially for 3(three) months and subsequently extended till disposal of the Rule. 2. Material facts necessary for disposal of the rule, in short, are as under: The petitioner Major (Retd.) Ra..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......ram-non-judice, without jurisdiction or malafide. Since the impugned order is tainted with malafide and has been passed without jurisdiction, this Rule is very much maintainable. 8. The moot question which has come up for consideration in this Rule is at what stage the resignation of a gov......tment letter dated 16.10.1996 issued by the Ministry of Education. Subsequently, his service was made permanent by the authority concern on 04.11.2003 (Annexure-E). 11. From the chronology of facts as narrated in the writ petition it appears that allegedly on his application the petitioner ..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......oner. 6. The learned Advocate Mr. Khurshid Alam Khan, appearing for the Bureau, now Anti-Corruption Commission (ACC), with leave of the Court, submits that the grounds taken in this case are all questions of fact to be decided at the time of the trial and the impugned proceeding should not be i......enal Code, now pending in the Court of Divisional Special Judge, Dhaka, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of this Rule, in brief, is that on 17-06-2002 one Kazi Samsul Islam, I..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
.... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ......three plots is vague without specifying the boundary, learned counsel submits, it cannot be said that the Writ Petitioners have constructed buildings encroaching on the appellants land. 10. The moot question is whether the appellants can remove the unauthorized constructions without demarcation of ...... Md. Giazuddin Chowdhury purchased the lands by different deeds, mutated his name, paid rent to the Government and with prior approval of the plan from RAJUK constructed the buildings. These admitted facts proved that the writ petitioners are not in joint possession with the Military Estate Departme..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......ocumentary warrants conviction and sentence and the learned Judge of the Tribunal rightly convicted him and therefore, the rule should be discharged. 11. Learned Deputy Attorney General raised a question of law as to whether this court is empowered to scan the evidence on record in a criminal m......5(five) years more in Nari-0-Shishu Nirjaton Damon Case No.447 of 2000 should not be quashed and/or such other or further order or orders passed as to this court may seem fit and proper. 2. The facts relevant for disposal, in short, are that the accused petitioner Md. Abul Hashem was implicate..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....authorized, is maintained.
No order as to costs.
This Case is also Reported in:
......qually efficacious remedy is available or provided for by law, may under Article 102, make an Order in the nature of the writs of prohibition, certiorari, habeas corpus and quo warranto.
12. The question is whether a person who is aggrieved but unable to file a formal application as envisaged u......he necessity and purpose of an application?
Generally, the application contains the information of the concerned person, his grievance and his prayers. The learned Judges on consideration of the facts revealed in the application, exercise their discretion.
44. A formal application, however..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357....... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357.......nnot proceed with the case pending in the Court below and that being so, the proceedings of the case are liable to be quashed. 4. Mr. Md. Khurshid Alam Khan, however, candidly concedes that in the facts and circumstances of the case, there may be some ingredients of cheating as defined in Section..Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
..... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ......efore according sanction on the basis of the self-incriminatory statement of Md. Habibur Rahman to ascertain the veracity of his statement. For not doing so, the sanction dated 17-8-2008 in question is ex facie biased and mala fide, and is not a sanction in the eye of law. Consequently, th......g in the Court of Special Judge, Court No.7, Sher-e-Bangla Nagar, Dhaka should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of this rule are that, one Mr. Ashraful Islam, Assistant Director of t..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
.... the signature lying with the share department (the signature as contained with the signature taken in form 117) and the concerned officer verified and found the signature of the plaintiff to be identical. Thereafter the officer gave seal and signature upon form 117. At the time of taking signa...... on 25-9-1989 was marked as Exhibit-2 (Ka). iv) An application dated 4-8-1990 submitted by the plaintiff before the Chairman, Pubali Bank Ltd. Head office requesting him to transfer the share in question in the name of her husband and sons was marked as Exhibit-3. v) An application dated 2...... No.1 submitted a written statement contending inter alia, that the suit is not maintainable, barred by the principles of estoppels, acquiescence, waiver, bad for insufficient of Court fees. The real facts of the written statement were as under:— (i) That the plaintiff, Tahsia Khanam in 1..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......he payment of the same. Since the instant maritime claim itself is a maritime lien making the vessel liable for payment and as the vessel would be sold for the purpose of satisfying its creditor, the question of contractual relationship with the owner of the vessel for the payment against the supply......ien on the vessel and therefore the defendant No. 1 vessel is not also liable for repayment to the plaintiff. 40. This is all about the Admiralty Suit No. 28 of 2009. We will now entire into the facts of the Admiralty Suit No. 27 of 2009. Facts of the Admiralty Suit No. 27 of 2009 41...Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......embered. As ready reference we may refer to a decision, reported in AIR 1984 (SC) 372 Bhagirath-sinh Judeja Vs. State: Wherein it has been held that- "If there is no prima facie case there is no question of considering other circumstances. But even where a prima facie case is established, the......de to a decision, reported in 3 BCR (SC) 50, in the case of Habibur Rahman Chowdhury Vs. State, it has been held that- "As a general rule bail should not be withheld as punishment unless the facts warrant such course." 12. Further reference may be made to a decision, reported in 35 D..Category: Women and Children | Date: 2 May, 2011 | Hits: 171
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......sibility of the shipper and since the goods were landed in presence of the customs officer and after completion of loading the vessel holds were sealed by the customs authority in Calcutta, India, no question of any non-delivery of the goods arise at all. By the said additional written statement the......een contested only by the defendant No. 4, the People’s Insurance Company Ltd. and proceeded ex parte against the other defendant sand now the same is being disposed off by this judgment. 2. The facts leading to institution of the suit, is that, the plaintiff being a sole proprietorship busines..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
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