Search Options
Judgment Advanced Search
Displaying 61-80 of 1516 results.
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......grani Bank, 14 BLD (AD) 196 = 46 DLR (AD) 174; Kalepada Shaha Vs. State, 37 DLR (AD) 135; Delowar AM Khan Vs. Sajadul Haque, 38 DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram. AIR 1965 (SC); Enforcement Vs. Dipok Mahajon, 3 (SCC) 440 and State Vs. Ram Saran, 12 SCC 578. Lawyers Involved:......ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......w of the matter, let it be placed before the learned Chief Justice for necessary order. Abdul Awal J. Md. Faruque (M Faruque) J. Editor's Note The Hon'ble Judges of the Division Bench having delivered dissenting Orders, the matter was referred, as per rul..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
.... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ......y B Hossain, Advocate-on-Record—For the Petitioners. Muzammel Haq, Senior Advocate instructed by Md. Habibur Rahman Miah, Advocate-on-Record— For the Respondents. Civil Petition for Leave to Appeal No.1953 of 2012. (From the judgment and order dated the 5th day of June, 20...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ......, who also appeared before the High Court Division at the time of hearing of the Rules, has made similar submissions as were made before the High Court Division which were not accepted by the learned Judges of the High Court Division. His submissions are that the admission of the students with ..Category: Others | Date: 22 Nov, 2012 | Hits: 20
MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)
....conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ......s Judgment November 21, 2012. Result: The application is rejected. Norms and practice It is the norms and practice of the Court that to hear a matter before a Vacation Bench the learned Advocates of the respective parties should be intimated before suc......conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ......this point we are not inclined to make any comment as the same would be beyond the norms and practice of this Court. 9. On perusal of the impugned judgment, and order it appears that the learned Judges of the respective Bench having considered the materials on record and relying on a decision r..Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ......ure, a mandatory provision of law It is a settled principle of law that the requirement of adherence to the provisions of section 164(3) of the Code of Criminal Procedure is not a mere matter of form but of substance. Section 164(3) is a mandatory provision of law as has been settled by the Pri......the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ...... we feel tempted to refer to paragraph 58 of the decision in the case of Madan Gopal Kakkad Vs. Naval Dubey reported in 3 SCC (2992) 204 which runs as follows:— "58. We feel that Judges who bear the Sword of Justice should not hesitate to use that Sword with the utmost severity,..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......Advocate-on-Record—For the Respondents (In Civil Petition Nos.2199 & 1671-72 of 2011) None represented—For the Respondents (In Civil Petition No.2198 of 2011) Civil Petition for Leave to Appeal No.2199 of 2011. With Civil Petition Nos.1671-1672 and 2198 of 2011.......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......ilur Rahman, learned Advocate, entering caveat on behalf of the respondents in CP Nos.2199 of 2011, 1671 and 1672 of 2011, on the other hand, has supported the impugned judgment passed by the learned Judges of the High Court Division affirming those of the trial Court passed in the respective suit. ..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ......swami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record- For the Petitioners (In both cases). None represented-For the Respondents (In both cases) Civil Petition for Leave to Appeal No. 648 of 2010. with Civil Petition No. 434 of 2011. (From th......interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ...... rise to Leave Petition No.648 of 2010, it appears that the High Court Division discharged the Rule on two grounds: first being that the writ petition was not maintainable. In holding so, the learned Judges took notice of the fact that the petitioners denied about the filing of application under sec..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
.... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ...... Respondent No. 2. Khurshid Alum Khan, Advocate instructed by Mahmuda Begum, Advocate-on-Record—For Respondent No.3. None represented—For Respondent No.1. Criminal Petition for Leave to Appeal No.390 of 2011. (From the judgment and order dated the 14th day of July, 20...... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ......to give sanction to prosecute the petitioner, instead he took cognizance of the offence under section 409 of the Penal Code straightaway and thus acted illegally and without jurisdiction, the learned Judges of the High Court Division on a wrong approach as to the effect of repealing of sub-sect..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
....d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ......Petition Nos.698 of 2004, 1699 of 2004, 1700 of 2004 1695 of 2004, 1696 of 2004, 1697of 2004, 1405 of 2004, 1406 of 2004, 1407 of 2004, 1408 of 2004, 1409 of 2004 and 1410 of 2004 respectively before the High Court Division challenging the decision dated 03-3-2004 passed by the Chairman, T......d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ......t and order passed by the High Court Division is liable to be set-aside by this Court." 13. Mr. Mahbubey Alam, learned Advocate, appearing for the appellants, has submitted that the learned Judges of the High Court Division made the Rules absolute in the writ petitions on the wrong assumpt..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ......cate-on-Record—For the Respondent. Md. Shohrowardi, Deputy Attorney-General, instructed by Madhu Maloti Chowdhury Barua, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No.292 of 2009. (From the judgment and order dated 16th July, 2008 passed b......iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ...... 9. Being aggrieved by and dissatisfied with the judgment and order of the trial Court, the leave petitioners moved the High Court Division by filing Criminal Appeal No.3399 of 2001. The learned Judges of the High Court Division upon hearing both the sides by the judgment and order dated 16-7-2..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ...... Shahjahan Khalifa and others..........Petitioners Vs. The State......................................Respondent Judgment August 6, 2012. Result: The criminal petition for leave to appeal is dismissed. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For ......ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ...... 10. Being aggrieved by and dissatisfied with the judgment and order of the trial Court, the leave petitioners moved the High Court Division by filing Criminal Appeal No.3399 of 2001. The learned Judges of the High Court Division upon hearing both the sides by the judgment and order dated 16.97...Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......is appeal the legality of the conviction of the appellant Yasin Rahman @ Rahman @ Yasin @ Titu Muzibur Rahman (Titu) given by the High Court Division under sections 302/109 and 120B of the Penal Code for the murder Jibran Tayyabi (Jibran) by setting-aside the judgment and order of acquittal passed b......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ...... not of seeking a set of rule of regularity. A Judge's function was merely to find a preexisting law and apply it to the case at hand. Judging involves a process not of discovery but of creation. Judges rely on four methods; 'philosophy' which involves drawing logical analogies from prio..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......sed of with observations. Jurisdiction of a Court The jurisdiction of a Court or tribunal means the conditions on which the right of power of it to determine a matter depends. It follows, therefore, that such court or tribunal may be acting without or in excess of jurisdiction if this conditi......ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......on if this condition is lacking when a tribunal acts without or in excess of jurisdiction, its decision. This sort of order tantamounts to undermining the authority of the learned Magistrate by the Judges of the highest echelon. Before making any decision on the basis of the application filed by t..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....was filed in a Division Bench of the High Court Division wherein the rule was issued which was ultimately made absolute. The respondents of the writ petition failed to execute the orders. Accordingly contempt case being Contempt Petition No. 56 of 2012 was filed. The contemners appeared in person be......ul Karim and Swarup Kanti Deb, Assistant Attorney Generals-For the respondents. Writ Petition No. 9416 of 2012 Judgment Hasan Foez Siddique J.- By this petition, the petitioner has sought for declaration that the Ruling of the Hon'ble Speaker of the Jatiyo Sangsad dated 18.06.2012 that a......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......defend the Constitution and to maintain its supremacy. It is the duty of the people at large to safeguard, protect and defend the Constitution. The oath of the Hon'ble Speaker, Deputy Speaker and the Judges of the Supreme Court is to preserve, protect and defend the Constitution. Everyone, whether i..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Nalu Vs. State, 2012, 41 CLC (AD)
....e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ...... his reference and dismissing his jail appeal. 2. Facts, leading to the jail petition, in a nutshell, are as follows: On 13.05.2005 at about 5.30 p.m. the victim Emran Ali, nephew of the informant Md. Hazrat Ali of Ukia Village under P.S. and District-Manikgonj, was watching television in......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......rs that death penalty is not imposed in Texas unless the accused is likely to commit acts of violence if released. 18. In the case of Gregg Vs. Georgia, (1976) 428 U.S. 153, the majority of the Judges endorsed and approved of imposition of death penalty being not unconstitutional. While writin..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
....
Judgment
Md. Rezaul Hasan J. — As directed in the Rule issued on 20th June, 2012, the respondent contemner himself has personally appeared today, before this Court.
2. This contempt Rule was issued at the instance of the petitioners for not complying with an order passed b......Company Matter No.116 of 2006)
Judgment
Md. Rezaul Hasan J. — As directed in the Rule issued on 20th June, 2012, the respondent contemner himself has personally appeared today, before this Court.
2. This contempt Rule was issued at the instance of the petitioners for not co......is acquitted from the charges brought against him.
The Rule is disposed of accordingly.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 237
......ceiver of Marsu Ltd........................Respondent-Contemner
Judgment
July 10, 2012.
Result:
The Rule is disposed of.
Cases Referred to-
Pakistan, Ministry of Law Vs. Judges of West Pakistan, Lahore, 16 DLR (SC) 535; Raizuddin Khan (Md.) Vs.Mahmudur Rahman, 16 MLR (A..
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
....ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ......Paul, Advocate-on-Record-For the Petitioner. Awlad Ali, Senior Advocate (with Mamunor Rashid, Advocate) instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.605 of 2010. (From the judgment and order dated the 11th day of March, 20......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ...... Judge, writ would lie but not the revision, and then the petitioner filed the writ petition, but from the impugned judgment and order passed in the writ petition, it does not appear that the learned Judges, at all, considered the said statements made in the writ petition and applied their mind to t..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... 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. ......lue in cases where the accuseds are unknown culprits and are Known only amongst their associates. In such cases it remains difficult to locate the other members of the gang except from the data and information available in the confessional statement....... (19) Since confessional statement is d...... 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. ......্রধান বিচারপতি মহোদয়ের বরাবরে প্রেরণ করা গেল। AKM Fazlur Rahman J Md. Rezaul Hasan J [ The Hon'ble Judges of the Division Bench having delivered dissenting judgment, the matter was referred, as per t..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
....al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
......e.
3. The facts figured in this appeal are summarized below:
The writ petition was filed stating, inter alia, that the then Government of East Pakistan leased out the property mentioned before to Khawaja Mohammad Aref by the registered deed of lease dated 2.03.1959. He gifted the said pr......al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
......he was not entitled to any relief. Prior to listing of the property in the ‘Kha’ list, notice was issued on 01.04.1986 and the occupant replied thereto on 26.04. 1986.
6. The learned Judges of the High Court Division upon hearing the parties made the Rule absolute by the judgment an..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....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. ......ate-on-Record—For the Petitiner. (In Civil Petition No.1434 of 2012) Not represented—For the Respondents. (In all the Civil Miscellaneous Petitions) Civil Miscellaneous Petition for Leave to Appeal Nos.622-24 of 2012 With Civil Petition for Leave to Appeal No.1434 o......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. ...... list of voters in accordance with Articles 5, 20, 23 and 25 of the Order of 1972 at least 30 days before the polling. The voter list has not been prepared in accordance with law. 7. The learned Judges of the High Court Division upon hearing the parties disposed of the Rule by the judgment and ..Category: Others | Date: 18 Jun, 2012 | Hits: 7
Government of Bangladesh and others Vs. Md. Mizanur Rahman (Mizan), 2012, 41 CLC (AD)
.... limitation holding that no specific reason was stated." Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 846. ......Lawyers Involved: Karunamoy Chakma, Deputy Attorney General instructed by Gias Uddin Ahmed, Advocate-on-Record—For the Petitioners. Not represented-The Respondent. Civil Petition for Leave to Appeal No.802 of 2009 (From the judgment and order dated 26.01.2009 passe...... limitation holding that no specific reason was stated." Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 846. ...... limitation holding that no specific reason was stated." Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 846. ..Category: Limitation Law | Date: 17 Jun, 2012 | Hits: 9
89508701890288078747776487608718873973378734851469697336964877668787733887008592