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Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....urt and fugitive from justice The principle of criminal jurisprudence is that the person concerned should submit to the process of justice before he can claim the right of audience provided in law as well as the judicial convention, which is very much effective in the Court of law as the ag......0) 359; 17 MLR (HCD) (2012) 412. ...... to agitate his grievance and must surrender first to the process of justice, otherwise, he remains to be fugitive from justice and could not seek aid or assistance of the process of justice in order to claim right of audience against the process of the Court issued against him/them. ……..Category: Procedural Law | Date: 6 May, 2010 | Hits: 109
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....sult institution of the instant case by the complainant opposite party is without jurisdiction and, as such, institution and continuation of the impugned proceeding by a wrong person not tenable in law and, as such, the impugned proceeding is liable to be quashed. 7. That the complainant filed ...... Division (Criminal Miscellaneous Jurisdiction) Present: Md. Fazlur Rahman J Syeda Afsar Jahan J Sarwar Hossain Moni……………………………Accused-Petitioner Vs. State and another…………………………Opposite Parties Judgment May 6, 2010. Result: ......be quashed. 10. That learned Court below illegally framed charge against the accused-petitioner under the relevant provision of the Negotiable Instrument Act, 1881. 11. Being aggrieved by the order dated 5-5-2009 framing charge against him, the accused-petitioner preferred this application..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....eous case stating that both the parties given consent to set-aside the ex-parte decree. 8. Mr. Haider next submits that the learned Joint District Judge, Narayangonj has committed an error of law in passing the impugned order allowing the miscellaneous case under Order IX Rule 13 C.P.C. af......d in: 15 MLR (HCD) (2010) 473. ......r 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 District Judge, Narayangonj in Miscellaneous Case..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....uit property in the census report of the vested property and the plaintiffs led some evidence in support of their interest in the suit property the Appellate Court decreed the suit on correct view of law......(8) To be vested a property must have factual basis and legal foundation Claim by......ted in: 18 BLC (HCD) (2013) 106. ...... by the leaned Sub-ordinate Judge, 2nd Court, Narayangonj in Title Suit No.391 of 1994 needs interference. We find substance in this appeal. 17. In the result, this appeal is allowed without any order as to costs. 18. The impugned judgment and decree dated 28-4-1999 passed by the learned S..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
....arge against the petitioner under section 138 of the Negotiable Instruments Act, 1881. The said charge was read over to him to which he pleaded not guilty and demanded to be tried as per provision of law. 4. The accused petitioner preferred a revisional application before this Court, and on the......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......Judgment Siddiqur Rahman Miah J. - This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the order dated 04.07.2007 passed by the learned Assistant Sessions Judge, Tangail in Session Case No.16..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....hould not normally be inferred.” 14. As regards quashing of proceeding in a Criminal Case the Appellate Division has set up five categories which are as follows: "The settled principle of law is that to bring a case within the purview of section 561A for the purpose of quashing a proceed......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 ......001 arising out of Ramna PS Case No.54(12) 2001, now pending in the Court of Divisional Special Judge, Dhaka so far the petitioner is concerned should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The fact relevant for disposal of ..Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....rs while the informant along with other RAB personnel on petrol duty, received a secret massage regarding unloading of some contraband goods brought in breach of prohibition or restriction imposed by law from 2 covered-vans at No.5, Outer Circular Road, Meheruma Shopping Centre! that at about 17:10 ...... 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......volved: Jaynul Abedin, Advocate-On-Record-For the Petitioner. None Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 293 of 2009. (From the judgment and order dated 10.02.2009 passed by the High Court Division in Criminal Miscellaneous Case No.5017 of 2..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)
....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. ......LR (HCD) (2012) 416. ......y-General - For the State. Criminal Revision Case No.693 of 2008. Judgment Md. Shamsul Huda J.- The instant rule was issued calling upon the opposite party to show cause as to why the order dated 19.11.2007 passed by the learned Sessions Judge, Nilphamari in Sessions Case No.21 of 20..Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
....cient cause from appearing but “ন্যায় বিচারের খাতিরে”।Court cannot exercise inherent power where relief is provided and claimed under a specific provision of law". 5. On the same point he refers the case of Reazul Hoque Molla Vs. Afizullah Molla al...... 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......Civil Revision No.1662 of 2009. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of plaintiff Respondent petitioner, calls in question the legality and propriety of Judgment and order dated 10-02-2009 passed by learned Additional District Judge, first Court, Dhaka, allowing Mis..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
M/S. Golden Match Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, 2010, 39 CLC (HCD)
....0.00 upon the petitioner-company under section 37(2) of the VAT Act, 1991 (herein after referred to as Act) for allegedly evading payment of VAT, should not be declared to have been passed without lawful authority and is of no legal effect. 2. Facts leading to issuance of the Rule, in short...... SM Emdadul Hoque J M/S. Golden Match Works Limited, Katirhat, North Kattali, Police Station-Pahartoli, District-Chittagong……………………Petitioner Vs. Customs, Excise and VAT Appellate Tribunal, represented by its President, Jiban Bima Bhaban, (4th Floor), 10, Dilk......2005. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioner M/S. Golden Match Works Limited, this Rule nisi was issued calling upon the Respondents to show cause as to why the order dated 24.10.2005 under Nothi No. CEVT/CASE/(VAT)-2209/2004 (Annexure-C) passed by the Respond..Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8
....zzaman, Assistant Attorney-General - For the Respondents.
Writ Petition No. 6460 of 2007 and 6461 of 2007.
Judgment
SM Emdadul Hoque J.- In these Rules, similar facts and common question of law having been involved, those were heard analogously and are being disposed of by this single Judg......ision
(Special Original Jurisdiction)
Present:
Md. Ashfaqul Islam J
SM Emdadul Hoque J
Shabnam Vegetable Oil Industries Limited, having its Factory at 194 Tarabo, Rupgonj, Narayanganj and Head Office at 83, Khatungonj, T.K, Bhaban, Chittagong………………………..Petitioner
......ed, those were heard analogously and are being disposed of by this single Judgment.
2. In Writ Petition No.6460 of 2007 the Rule was issued calling upon the respondents to show cause as to why the orders dated 19.07.2007 (Annexure-G, G-1 and G-2) passed by the respondent No.3 on the ex-Bond Bills..
Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....on Act, 2004 and Rule 15Gha(5) of the Emergency Power Rules, 2007, corresponding to G.R. No.880 of 2007, now pending before 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 o......ellip;…………………Petitioner Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others……………………………&h......t Md. Imman Ali J.- This Rule Nisi was issued upon an application by the petitioner under Article 102 (2)(a) of the Constitution calling upon the respondents to show cause as to why the impugned order, communicated vide Memo No. Dudak/173-2007(Anu:-2)/4776 dated 08.07.07, issued by the responde..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....(2) and 27(1) of the ACC Act, 2004 read with section 109 of the Penal Code, now pending before the Special Judge, Court No.1, Dhaka should not be declared to have been initiated and continued without lawful authority and is of no legal effect. 2. The facts of the case relevant for disposal of t......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......hellip;.Petitioner Vs. Anti-Corruption Commission and others………Respondent Judgment March 22, 2010. Result: The Rule is discharged and connected stay order is vacated. Cases Referred To- Anti-Corruption Commission, represented by its Chairm..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
....ularization of the service of the writ-petitioners and the matter was purely domestic affairs of the University Authority. The learned Advocate further submitted that the High Court Division erred in law and facts and misdirected itself in holding that there has been discrimination in not confirming......
......ed by Md. Mazibar Rahman, Advocate-on-Record-For Respondent No.5.
Not represented- Respondent Nos.1-4 and 6-9.
Civil Petition for Leave to Appeal No.267 of 2010.
(From the judgment and order dated the 23rd day of November, 2009 passed by the High Court Division in Writ Petition No.960..
Category: Employment/Service Law | Date: 22 Mar, 2010 | Hits: 92
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
.... out them name from C/B ledger of Bangladesh Bank as defaulters which was done illegally. But the Respondent paid no heed to the prayers of the petitioners. Accordingly the petitioners through his lawyer sent a demand of justice notice to the Respondents Nos.3 and 6 but no response was received.......p;......e nisi was issued calling upon the Respondents to show cause as to why they should not be directed to exempt the petitioners from CIB report of the Bangladesh Bank and or pass such other or further order or orders as to this Court may deem fit and proper. Pending hearing of the Rule the Responden..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....e plaintiff and defendant No.1-3 being deed No.6944 for the year of 1993 registered in the office of the Sub-Registrar, Gulshan, Dhaka, stands cancelled and the earnest money paid thereunder has been lawfully forfeited, and direct defendant No.15-6-1993 in his office. Plaintiff also prayed for decla......bsp; AKM Abdul Hakim J Abdur Rouf Chowdhury (Md.) & others……................ Appellants Vs. Mirza Shahabuddin Ispahani and others...................Respondents Judgment March 10, 2010. Result: ......n the deed of agreement it has been stipulated that consideration money is sum of Taka 1,30,00,000 (Taka One Crore Thirty Lakh) only, out of which Taka 40,00,000 (Taka Forty Lakh) only is paid by pay order No.173456 dated 10-6-1993, issued by ANZ Grindlays Bank Pic to the plaintiff, the receipt of w..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... figure of the Republic’s oldest political party, was not before the learned Court below at the time of the charge hearing because of her ailment. She was only represented by her duly empowered lawyer Ms. Shahara Khatun. The charge was therefore framed in her absence. 7. In impugning the ...... 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......s entitled to be discharged, in view of the fact that the FIR and the charge sheet do not disclose any offence whatsoever. That application was, however, turned down and the Court below by it’s order dated 28.8.2008, framed charge against the Petitioner, as stated above. Five other persons wer..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....though the Rule in response to instant petition was issued to require the respondents to show cause as to why the impugned decision reproduced above, should not be declared to have been taken without lawful authority, when the Rule was taken up for disposal, the learned Advocates for the Petitioner ......eported in: ......গতির জন্য উপপৈরিচালক (টাস্ক ফোর্স ৩) দুর্নীতি দমন কমিশন। The above reproduced purported order was based on a First Information Report (FIR), dated 27th March 2002, invoking Sections 409, 4..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....though the Rule in response to instant petition was issued to require the respondents to show cause as to why the impugned decision reproduced above, should not be declared to have been taken without lawful authority, when the Rule was taken up for disposal, the learned Advocates for the Petitioner ......Reported in: ......য় অবগতির জন্য উপপৈরিচালক (টাস্ক ফোর্স ৩) দুর্নীতি দমন কমিশন। The above reproduced purported order was based on a First Information Report (FIR), dated 27th March 2002, invoking Sections 409, 4..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
....ore the Special Judge, Court No.3, Dhaka and the impugned Memo No.C-25/2007 (Tadanta-2)/8386 dated 20.9.2007 issued by respondent No.2 should not be declared to have been initiated and issued without lawful authority and is of no legal effect."
2. Pending disposal of the Rule the proceedin......hellip;…………………………………Petitioner (In Writ Petition No. 7195 of 2008)
Vs.
Anti Corruption Commission and others……………………………&h......r, they fixed the sale price at a lower value, thus caused loss to the Government. In due course the charge sheet was filed before the Court of Metropolitan Special Judge, Dhaka where by the impugned order cognizance was taken. Fifteen separate cases were registered. By the two writ petitions before..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
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