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Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....not consider the other charge. These two charges are distinct and the essential elements for constituting an offence of criminal conspiracy and those of abetment of an offence of murder are completely different. This wrong approach of the High Court Division in disposing of the charge................Respondent Judgment August 1, 2012. Result: The appeal is dismissed by majority decision. Cases Referred to- Judicial Committee of the Privy Council in Mirza Akbar Vs. King Emperor, AIR 1940 PC 176; Bhagwan Swarup Lal Vs. State of Maharastra, AIR 1965 SC 682; ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
....ted 21.02.2007 corresponding to G.R. No.40 of 2007, pending before the learned Special Judge, Rangpur should not be declared to be without lawful authority, inasmuch as the investigation could not be completed within the stipulated period of 60 (sixty) days as provided under rule 10 of the Anti-Corr......r submits that the learned Special Judge, Rangpur vide order dated 26.08.2007 had stopped proceedings of the instant case and had sent the record to the Commission for holding investigation, which is barred by law for the stipulated period of 45 days and additional 15 days time for holding investiga..
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
....r the respondent contemner, having placed the petition and offering unqualified apology (on behalf of his client) before this Court, submits that the respondent-contemner was, indeed, willing to complete jobs assigned to his firm and out of that bonafide intent he had only retained the document......ble Chief Justice of Pakistan, Mr. Justice AR Cornelius (as his Lordships then was) and 4 other Hon'ble Judges of the said Court, namely their Lordships Mr. Justice SA Rahman; Mr. Justice Fazle Akbar; Mr. Justice BZ Kaikaus and Mr. Justice Hamoodur Rahman (as their Lordships then were) wrote sep..
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... their name were disclosed in the confessional statement made by co-accused Abdul Karim. He also submits that nothing was recovered from their possession. He further submits that the police could not complete the investigation within the time limit mentioned under section 167(5) of the Code of Crimi...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....o feel that keeping the litigations pending in the High Court Division, it is not possible to initiate the election process afresh. 38. This Division previously exercised the power of doing complete justice under article 104 of the Constitution in several cases including the cases of M/s G......ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ..Category: Others | Date: 18 Jun, 2012 | Hits: 7
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
....ing opinion of the handwriting expert was challenged 'before both the Divisions of this Court and was upheld. Because of the order of stay passed at different stages, the handwriting expert could not complete her deposition before the Court. On 11-6-2009, the hand writing expert completed her deposi......e suit. 4. Defendant No.1 contested the suit by filing written statement denying the material statements made in the plaint. His case, in short, is that the suit is bad for defect of parties and barred by law of limitation. The bainapatra dated 3-3-2002 is forged and is created by the plaintiff..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....yone who caused actus-reus would be guilty of offence. Suppose it is an offence for a Muslim being married to marry any other woman during the life time of his wife. The actus-reus of this offence is complete if A marries B while still married to C. But A will be acquitted because of lack of mens re......CC S23 and Abdul Monem Chowdhury alias Momen Vs. State, 47 DLR (AD) 96. Lawyers Involved: Khandaker Mahbub Hossain, Senior Advocate with Khurshid Alam Khan, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Appellants. Rajik-al-Jalil, Deputy Attorney-Genera..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....oner shall be obliged to refer the arbitration as per Clause 18.3 of the Contract. However the petitioner did not receive any response from the respondent No.1 practically the respondent No.1 did not complete the installation of the total system for the petitioner for which the petitioner is yet to ......the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....to the Locus standi of the petitioner for filing the instant application on the ground that the petitioner is a busy-body and just being used for moving this Court under Article 102 to circumvent the complete bar against such petitions as provided under Articles 47(3) and 47 A of the Constitution. ......cus standi of the petitioner for filing the instant application on the ground that the petitioner is a busy-body and just being used for moving this Court under Article 102 to circumvent the complete bar against such petitions as provided under Articles 47(3) and 47 A of the Constitution. 7. He..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
....which was unanimous except the dissenting judgment of Mr. Justice Awlad Ali in respect of awarding interest against the 2nd party BSMMU in the said award. The Tribunal directed the 2nd party BSMMU to complete acceptance of the Washing Plant and make payment of contract money along with other benefit......42. It appears from the impugned judgment that the Additional District Judge also invoked section 43(I)(a)(b)(II) of the Arbitration Act, 2001 in setting-aside the Award as there is a legal bar under section 21(a) of the Specific Relief Act to enforce the contract, for non-performance of w..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)
....003" is misconceived, erroneous and not tenable in law inasmuch as the deed was presented for registration on 27.06.2002 and during the pendency of the pre-emption case the registration was completed on 26.05.2003 in accordance with the provision of section 60 of Registration Act and ...... to Appeal before this Division. 9. Mr. Syed Amirul Islam, learned Senior Advocate for the leave petitioner, submits that the finding of the learned Judge of High Court Division that the case is barred by limitation as the "deed was registered on 05.06.2002 and the pre-emptor-petitioner af..Category: Property Law | Date: 10 May, 2012 | Hits: 7
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....o support the finding of the trial Court that the power/right to sell a property falls within the ambit of 'bona fide requirement' as per section 18(i)(e) of the Ordinance and, as such, Court completely misinterpreted the said legal concept. Plaintiff Nos.1 and 4 initially deliberately made ......n. The lease agreement, as it appears was from 1-10-1996 up to 30-9-1999. Plaintiff served legal notice on 29-2-2009 and suit having filed on 25-9-2002 as per Article 139 of the Limitation Act is not barred by limitation as law provide for institution of such suit within 12 years from the date of de..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....thereafter, the petitioner filed an application for rehearing of the matters after recalling the unsigned orders on the ground that all the learned counsel for the petitioner could not complete their submissions and therefore, for ends of justice the learned counsel may be afford......inue as Managing Director of the Bank, the principle of natural justice had to be followed before removing him from such office; b) this being an essential principle when a quasi-judicial body embarks on determining disputes between the parties, it should not be denied to a person even if he ha..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....y should not be set-aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Pending hearing of the Rule, the petitioners were permitted to complete the construction of the 3rd floor at their own risk. 3. Fact relevant for t......and special law, the remedy prescribed by the special law must be in exclusion of the one available under the general law. ......... (18) Cases Referred to- Md. Hossain Ali Sarker Vs. Md. Mobarak Ali, 38 DLR (AD) 17; Managing Director, Rupali Bank Ltd Vs. Tafazal Hossain, 44 DLR (AD) 260. ..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....e No.1 of 1992 and added the name of the plaintiff as opposite-party No.2 and started depositing rent in the name of original landlord as well in the name of the plaintiff and, as such, attomment was completed but the trial Court has committed an error of law holding that no attornment was made. In ......ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)
....g with them, the provisions of the Code shall not apply in such cases. Where no such procedure has been provided for, the normal procedure in the Code shall be applicable. The Commission Ain contains complete procedure for inquiry, investigation, institution of cases and conducting such cases a......pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ..Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
....7-4-2009 to him, once again requesting him to co-operate in re-examining the goods, on 30-4-2008, but this time also, he did not respond. Bill of entry was submitted on 6-4-2009 and assessment was completed on 8-3-2008 i.e. within 2(two) days as per rule. The delivery of the goods were held up a......l of Entry No.C-39276 dated 6-4-2009 within 24 hours from the date of receipt of this order and the petitioner upon getting release of the same carry it to the petitioner's factory situated at Banshbaria Sitakundo, Chittagong under the strict supervision of the representative of the customs auth..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
....he said committee. Since this particular BSc in Animal Husbandry (Hons) course was included under Unit-A despite suspension order of UGC by the impugned memo, the PSTU had no other alternative but to complete the admission process of the students under Unit-A to save the lives of the prospective stu......gy University be allowed to continue with their regular studies accordingly.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 166.
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Category: Others | Date: 14 Mar, 2012 | Hits: 5
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
....e notice issued in registered post with acknowledgement due to the proper address of the addressee then it is deemed to be presumed that notice has been served….....(16) Necessity to complete or exhaust provisions of law before coming to the Court When the law provides for appe......and binding upon you and no civil Suit shall be thereof." 15. We are of the view that plaintiff got the allotment letter from defendant No.1-3 as per the terms and condition which totally debar plaintiff to institute or file any suit. Here we may quote from the unreported decision as relie..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....012. Result: The Rule is disposed of. Code of Criminal Procedure, 1898; Section 561A Anti-Corruption Commission Rules, 2007, Rule 10 To secure justice, it is essential that a complete investigation is carried out by the Investigation Officer (IO) The investigation cond......al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
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