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Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
.... not entitled to obtain a judicial order defying the process of the court. Besides, the learned advocates who move applications for the fugitives shall also have to face the consequence of committing contempt of Court. This principle is being followed for over 60 years in this sub-continent. Referen...... obligatory to submit to the due process of law who seeks the interference on revision of a judicial order. The rule of law depends upon definite principles and binding precedent, which together make for certainty, uniformity and predictability. These in turn provide the foundation of fairness in ju......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ......t the time of issuance of the rule nisi. Thereafter another Division Bench took up the matter on 18th December, 2008, on the prayer of the writ petitioner for fixing a date of hearing and the learned Judges having noticed that the writ petitioner while in abscondence moved the petition observed as u..Category: Anti-Corruption Laws | Date: | Hits: 211
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
....maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......thereof in respect of train being Nos. 461 and 462 and 455/456. 2. The respondent No.1 as the writ-petitioner filed the writ petition challenging the said impugned order dated 10.11.2002 and for direction upon the writ-respondents to give final approval of his work order as mentioned in th......maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......eing aggrived by and dissatisfied thereby the respondent No.1 as writ-petitioner moved the High Court Division by filing above Writ Petition 1613 of 2003 and obtained Rule. The learned Judges of the High Court Division after hearing the said Writ Petition by their judgment and order ..Category: Civil Law | Date: | Hits: 149
State Vs. Chandan Ali and others, 2009, 38 CLC (AD)
....sed by the learned Deputy Attorney General for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ......olved: Mohammad Ali Akanda, Deputy Attorney General, instructed by Md. Habibur Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Criminal Petition for Leave to Appeal No. 496 of 2006. (From the judgment and order dated 17-04-2006 passed b......sed by the learned Deputy Attorney General for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ......them to imprisonment for life and to pay a fine with default clause. As against this, the petitioner preferred the aforesaid Criminal Appeal before the High Court Division wherein the learned Judges of the High Court Division in consideration of the evidence as well as facts and circumstanc..Category: Criminal Law | Date: | Hits: 68
Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
....rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on- Record-For Respondent No.1 (In all cases) Not represented-Respondent Nos. 2-4 (In all cases) Civil Petition for Leave to Appeal Nos. 2263 and 2211-2212 of 2008. (From the judgment and order dated 22......rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ..Category: Alternative Dispute Resolution | Date: | Hits: 344
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......gmenting Revenue The entire scheme of the Customs Act shows that the main concern of the Customs Authority is to augment the revenue by levying tariff duties under the Customs and Tariff Acts and for preventing smuggling..............(48) The Customs Act, 1969 (IV of 1969), Section 156 O......s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......oms officer practiced or attempted to practice any fraud for the purpose of injuring the customs revenue or abet or connive at any such fraud or any attempt for practicing any such fraud. The learned Judges of the High Court Division clearly came to the conclusion that the facts do not disclose that..Category: Fiscal/Taxation Law | Date: | Hits: 129
Arif Hossain @ Shuvro Vs. State, 2009, 38 CLC (AD)
....bmissions made by the learned Counsel for the petitioner do not merit consideration. Leave petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 895. ...... Lawyers Involved: Awlad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocated-on- Record-For the Petitioner. Not represented-the Respondent. Criminal Petition for Leave to Appeal No.490 of 2008. (From the Judgment and order dated 27.07.2008 passed by......bmissions made by the learned Counsel for the petitioner do not merit consideration. Leave petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 895. ......iqur Rahman Titu preferred Criminal Appeal No.992 of 2006 and convict-petitioner Arif Hossain alias Shuvro preferred Criminal Appeal No.821 of 2006 before the High Court Division. The learned Judges of the High Court Division upon hearing the parties dismissed both the appeals by the impugn..Category: Criminal Law | Date: | Hits: 120
Md. Ripon, Proprietor, Ripon & bros Vs. Heze Wanda Playing Cards Co. Ltd. & ors, 2009, 38 CLC (AD)
....f the facts and materials on record of the case, we find no substance in this leave petition, which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ......-For the Petitioners. S.K. Saddique, Advocate, instructed by S.R. Khoshnabish, Advocate-on-Record-For Respondent No.1 Not represented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 1552 of 2008. (From the judgment and order dated 24.07.2008 passed ......f the facts and materials on record of the case, we find no substance in this leave petition, which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ......able to be rejected. 4. The learned District Judge, Dhaka after hearing the parties illegally stayed the operation of the judgment and three decrees passed by the learned Additional District Judges in which the plaintiff is not a party to the suit by order dated 09.06.2008. 5. Being..Category: Intellectual Property Law | Date: | Hits: 361
Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 CLC (AD)
....at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ......009. Lawyers Involved: S.N. Goswami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Petition for leave to Appeal No. 646 of 2008. (From the judgment and order dated 2.3.2008 passed by ......at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ......er dated 2.3.2008. 6. In this backdrop, the petitioner filed civil petition for leave to appeal. 7. Mr. S.N. Goswami, the learned Advocate for the petitioner submits that the learned Judges of the High Court Division erred in law in not considering the facts and circumstances of th..Category: Property Law | Date: | Hits: 53
....already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......eposited, if any, with interest at the rate of 12% from the date of cancellation of contracts till realization in C. A. No. 247-250 of 2005 and to pay the unpaid bills, if any, of the writ petitioner for the work already done in accordance law.
Cases Referred To-
Sharping Matshjibi Samabaya Sa......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ..
Category: Civil Law | Date: | Hits: 212
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ...... and another, AIR 1961 SC S.124;, State of Andhra Pradesh V. Cheemalapati Ganeswara Rao and another, AIR 1963 S.C.1850; Nurul Hoque Kazi V.State 7 BLC (AD) 52; Pratt and another V.Attorney General for Jamaica and another (1993) 4 All E.R. 768; Henfield V. Attorney General of Commonwealth of ......LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......ds including the present appellants under sections 302/ 120B/ 324/ 307/201/380/149/34/109 of the Penal Code. 4. Among the 19 accused persons who faced trial, 14 were absconding. The learned Judges of the High Court Division found that the warrents of their arrests were duly issued and whe..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ......ile the white dressed persons were coming out of his office Mohiuddin (Lancer) came out from his room after them and called Huda to come nearer to him and at that time Huda told Major Dalim to wait for some time and then both of them followed Mohiuddin (Lancer) who then arranged uniforms for the...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ...... his family. 192. Regarding the fifth ground i.e. the murder of the President and the members of his family, the learned counsels for the appellants made common submissions that the learned Judges of the High Court Division upon superficial consideration of the evidence on record and on m..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ......other inmates and security officers, in all 11 (eleven) persons, at the residence of the President at Road #32, Dhanmondi Residential Area, Dhaka. 340. Mr. Anisul Huq, the Chief Prosecutor for the respondent termed the incident of unprovocated killing of unarmed men, women and child as h...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ......ccessfully moved from Court to Court in High Court Division with heavy pain and agony, with humiliation and disgrace for early hearing of the Criminal Appeals filed by the convicts, but the learned Judges declined feeling embarrassed for reasons best known to them. He concluded that, having take..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......ned companion Judge of the Division Bench of the then Dhaka High Court differed only with regards to the conviction of accused Mohim Mondal under Section 148 of the Penal Code. The case was laid before the third learned Judge under Sections 378 and 429 of the Cr. P.C. The third learned Judge, Mu......der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......e.” 476. Murshed, J further observed as follows: “Under the provisions of Section 429, Cr. Procedure Code upon the difference of opinion between the Judges the case has to be laid before a third Judge, and this necessarily means that the whole cas..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ......rved as follows: “It is true that witnesses can not be called upon to explain every hours delay and a commonsense view has to be taken in ascertaining whether the first information report was lodged after undue delay so as to afford enough scope for manipulating eviden......r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ......ilur Rahman, (P.W.47), Air Vice-Martial (Rtd) A. K. Khandaker (P.W.48), and Rear Admiral (Rtd) M.H.Khan (P.W.49), clearly suggested about past transaction and in view of the findings of the learned Judges of the High Court Division that Section 10 of the Evidence Act had no application in the ca..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ......rdon me, I have done blunder, I have murdered my wife and children.” 746. Now the question is whether this extra judicial confession deposed by the witness can be the sole basis for conviction of the accused. The Supreme Court of India considered case of Sahoo (supra) and othe...... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ......ce of occurrence and that the allegation that Major Huda shot to death of Sheikh Kamal and Bangabandhu as alleged is also based on contradictory evidence on record and therefore, the learned Judges of the High Court Division erred in law in maintaining his conviction and sentence. The lear..Category: Criminal Law | Date: | Hits: 291
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......s. E.M.I. (Australia) Pvt. Limited, (1958) 100 CLR 597, Adgbenro Vs. Akintola, (1963) AC 614, Attorney General Vs. Jonathan Cape Limited (Crossman Diaries case) (1976) QB 752, R V. Secretary of State for Home Department, Ex p. Hosenball, (1977) 1 WLR 766; Re-amendment of the Constitution of Canada (......d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......ground that they have not been appointed under Article 95 of the Constitution inspite of consultation with the Chief Justice and favourable recommendation of the Chief Justice for such appointment as Judges. 4. It has been asserted by the writ petitioners that there is continuous and unbroken co..Category: Constitutional Law | Date: | Hits: 251
Special Reference No.1 of 2009, 38 CLC (AD)
....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......Vs. Rahimafrooz Batteries Ltd. 7 BLC (AD) 2002 page 73; State of M.P. V. Tikamdas, AIR 1975 SC page 1429; Abdul Mannan Bhuiyan V. State, 60 DLR (AD) 49; R V. Sussex Justices, 1924; Secretary of State for the Home Department (Respondent) V. AF (Appellant) (2009) UKHL 28, Ex parte Milligon 71 US (4 wa......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......ties should be taken to be binding on all courts in the country but the advisory opinion should not be so regarded. This is exceedingly frustrating as it is demonstrative of the fact that the learned Judges comprising the Special Bench for deciding the reference are either not just capable enough to..Category: Constitutional Law | Date: | Hits: 289
State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)
....iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ......kram Hossain Chowdhury, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented- the Respondents. (In the all cases) Criminal Petition for Leave to Appeal Nos.270-273 of 2007. &nbs......iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ......dgment and order dated 27.08.2003 passed by the learned Additional Sessions Judge, Bogra, the accused-petitioners moved the High Court Division by preferring aforesaid Criminal Appeals. The learned Judges of the High Court Division upon hearing both sides allowed the Criminal Appeal Nos. No.3591 ..Category: Criminal Law | Date: | Hits: 53
Md. Badaruddin Howlader Vs. Kazi A. K. M. Sajahan and others, 2009, 38 CLC (AD)
....sing out of writ petition No. 8860 of 2005, by the High Court Division convicting the petitioner Md. Badaruddin Hawlader and the respondent No. 3 Md. Jalal Ahmed for committing the offence of contempt to Court. 2. The writ petitioner, the respondent No.1 hereof, filed the Contempt pe......ucted by Md. Aftab Hossain, advocate-on-Record-For the Petitioner. Sufia Khatun, Advocate-on-Record-For Respondents No.1. Not represented-Respondent No. 2-9. Civil Petition for Leave to Appeal No. 707 of 2008. (From the judgment and order dated 15.11.2007 passed by...... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ...... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ..Category: Criminal Law | Date: | Hits: 62
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
....be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ...... Chairman, Asma Akhtar Lipi, rebuked them over the said incident followed by an altercation between those two little boys and Lipi. Mizan and Faruque, thereafter, went to their respective homes and informed the incident to their relatives. Thereafter, the condemned prisoner Abul Kashem and the convi......be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......tted. 6. The High Court Division acquitted the condemned prisoner, Abul Kashem and convict petitioner Anowar Hossain Pinto. 7. The learned Additional Attorney-General submitted that the learned Judges of the High Court Division erred in law in omitting to consider that in the instant case the ..Category: Criminal Law | Date: | Hits: 53
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