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Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)
....ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ......dgment June 5, 2012. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972, Article 102 Mere an omission to write the word appeal in the application cannot be a ground for not treating that application as an appeal. Though the caption of the application filed by th......ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ......the instant writ petition and obtained rule. 5. The rule was opposed on behalf of the respondent Nos.1 and 2 by filing affidavit-in-opposition denying all material allegations. 6. The learned Judges of the High Court Division, after hearing the learned Counsel of both the sides and consideri..Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388
Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)
....n have discharged the rule on assigning proper reasons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ...... Result: The petition is dismissed. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioner. For the Respondents—Not Represented. Criminal Petition for Leave to Appeal No.271 of 2009 (From the judgment and order dated 19.4.2009 passed by the H......n have discharged the rule on assigning proper reasons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ......unsel appearing for the petitioner raised similar points before this Division. 4. We have perused the complaint, the impugned judgment and heard the learned counsel for the petitioner. Learned Judges of the High Court Division have discharged the rule on assigning proper reasons. We find ..Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......ah J, I agree with the conclusions arrived at by my learned brother but since a vital question of law is involved in this appeal, I would like to express my own opinion. 3. Though facts relevant for the disposal of the question involved in these appeals have been exhaustively narrated by my lea......000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......constitute murder it requires proof that there was no excuse for committing the act, offence committed by the appellants was thus culpable homicide amounting to murder'. 27. The learned Judges failed to comprehend what was the deliberate act of the appellants. Their deliberate act was ..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ...... in her favour by virtue of an unregistered Will dated 22-3-1969. The Will was probated on 25-5-1986. The appellant herein filed an application under section 263 of the Succession Act, 1925 (the Act) for revocation of the Will as probated in the said probate case impleading Dolly Rani Sen alias Doll......appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ......The "District Delegate" allowed the prayer of the respondent for adding her as a party. Against this order, the appellant filed Civil Revision No.85 of 1987 in the High Court Division and the learned Judges after hearing the parties discharged the Rule. Leave was granted to consider whether the High..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ...... which may include the, power to award compensation in appropriate cases. The power of the High Court Division under Article 102 is very wide and is not fettered by any legal constaints in the enforcement of the fundamental rights inasmuch as the High Court Division powers to issue such directi...... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ......monetary compensation and compensatory costs was ever made in the writ petitions and connected affidavits rather on the prayer of the learned Senior Advocate for the writ petitioners the learned Judges of the High Court Division on mere surmises and conjectures wrongly observed "We be..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ......da M. Kamal, Senior Advocate and Azim Khair, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record-For Respondent Nos.1-3. Not represented- For Respondent Nos.4-11. Civil Petition for Leave to Appeal No.1573 of 2010. (From the judgment and order dated the 3rd day of June, ......n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ......er-respondent Nos.1-3, on the other hand, has supported the impugned judgment and order passed by the High Court Division. 12. From the impugned judgment and order, it appears that the learned Judges of the High Court Division made the Rule absolute relying on the judgment and decree passed ..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ....... Purabi Shaha, AAGs—For the Respondents Writ Petition No. 1750 of 2012. Judgment Farid Ahmed J.— International Crimes (Tribunal) Act, 1973 was promulgated making provision for providing detention, prosecution or punishment of any person, who is a member of any armed or de......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ...... Sheikh Hassan Arif J Dated: 23rd May, 2012 Let this dissenting order be heard and disposed of by M. Moazzam Husain J Md Muzammel Hossain CJ [The Hon'ble Judges of the Division Bench having delivered dissenting order, the matter was reffered as per rule ..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......; Exen Industries Vs. CCIE, AIR 1971 SC 1025; Century Spinning Vs. Ulhasnagar Municipal Council AIR 1971 SC 1021; Veerappa Vs. B.P. Dalal AIR 1975 SC.778; Council of Civil Service Unions Vs. Minister for the Civil Service (1984) 3 All KR 935 at 949; Mati Ram Deka Vs. NEF Railways, AIR 1964 S.C.600; ......ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......cautious in future in making any unhealthy observation against any litigant who has come to Court for justice and not for seeking derogatory remarks instead. 55. It is to be remembered that Judges administer justice. In order to do justice, the first and foremost expectation from them is t..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)
....essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ...... Lawyers Involved: Murad Reza, Additional Attorney General instructed by Mr. B. Hossain, Advocate-on-Record—For the Petitioner. Not represented-The Respondent. Criminal Petition for Leave to Appeal No.223 of 2009. (From the judgment and order dated 23.11.2008 passed by the......essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ......ecution case that the accused-respondent by creating a false belief in the mind of the victim girl that she got married with him, established a regular physical relationship with her, but the learned Judges of the High Court did not take into consideration these evidence at all. The learned Addition..Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
.... office of the Attorney-General. In such facts and circumstances we directed the Secretary, Ministry of Home Affairs to produce the file and at one stage we had compelled to issue Suo Motu Rule for contempt against the Secretary, Ministry of Home affairs. In that event, the learned Deputy Attorney......amining the order of the Ministry of Home Affair's to remit the sentence of the petitioner……………(28) Fugitive from justice A man who seeks justice from the Court of law must come before the Court to agitate his grievance and must surrender first to the process of justice, otherwis......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......ore this Court and obtained the Rule and bail. We could not understand how the application of a fugitive was entertained; even before swearing the affidavit no permission was taken from the learned Judges of the concerned Bench. In such situation we can make only comment that the petitioner no d..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)
....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. ......91 & 233 of 2010). Ahsanul Karim, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-record—For the Petitioners No.1 (In Criminal Petition No.234 of 2010). Criminal Petition for Leave to Appeal Nos.190-191 of 2010 with Nos. 233-234 of 2010. (From the judgment and order......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. ......hrough its prosecuting unit. An appeal being the continuation of the original proceeding, there cannot be any doubt that the Commission has the exclusive power to defend the judgments of Special Judges challenged in appeal by convicts. Besides, section 10 (2) of the Act, 1958 authorizes the Com..Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ...... Lawyers Involved: SK. Zulfiqur Bulbul Chowdhury, Advocate instructed by Syed Mahhubar Rahman, Advocate-on-Record-For the Petitioners. None represented-For the Respondent. Criminal Petition for Leave to Appeal Nos. 361 And 366 of 2010. Judgment Md. Abdul Wahhab Miah J. - Identical f......modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ...... substantiate the charges levelled against the accused as is apparent from order No.12 of the learned Additional Metropolitan Sessions Judge passed in the respective sessions cases, but the learned Judges of the High Court Division did not at all consider the said order passed by the learned Sessi..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ...... Judgment April 1, 2012. Result: The appeal is dismissed. Nari-o-Shishu Nirjatan Daman Ain, 2000. Section 7 of the Ain, 2000 concerns abduction of any woman or child for any of the purposes mentioned in section 5 of the Ain. Section 8 of the Ain, 2000 concerns the o...... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ......s the offence of confining any woman or child for the purpose of extracting ransom. Section 30 covers the instigation of such offences as mentioned above. For ends of justice, Tribunal Judges are empowered to try any other related offences simultaneously The offences under secti..Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5
Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
....btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......ctory. Any appeal or objection challenging the award if filed after the period of 30 days shall not be entertained…………………………………(6) Deposit of security is pre-condition for challenging the award in form and 'shall' has been used, law makers make it clear that it is man......btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......datory not directory. Any appeal or objection challenging the award if filed after the period of 30 days shall not be entertained. In that view of the matter, we are very sorry to mention the learned Judges of the High Court Division as well as Appellate Division passed the Judgments condoning the d..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ......e Petitioner. Abdur Razzaque Khan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent No.1. Not represented-For Respondent No.2. Criminal Petition for Leave to Appeal No.113 of 2010. (From the judgment and order dated 18.02.2010 passed by the...... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ...... Court Division by filing Criminal Revision No.811 of 1995 under section 561A of the Code of Criminal Procedure for quashing the proceeding and obtained Rule and an order of stay. 5. The learned Judges of the High Court Division upon hearing the parties by their judgment and order dated 18.02.2..Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238
M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)
....t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......rd—For the Petitioner (In both the cases). Mahmudul Islam, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record —For Respondent No.1 (In both the cases). Civil Petition for Leave to Appeal Nos.1588 and 1589 of 2009. (From the judgment and order dated 18.03.2009 pa......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......ken ship in 1988. That on consideration of these reports and condition of the policies, the defendant No.1 repudiated the claim of policies on 26.04.1993 most justly and legally. 10. The learned Judges of the High Court Division appear to have considered all these pleas of the appellant deeply ..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......ssed by the learned Sub-ordinate Judge, Additional Court and Artha Rin Adalat No. 2, Dhaka in Title Suit No. 155 of 2001. 2. During pendency of the appeal when the matter was brought in the list for hearing at that stage an application for recording a decree on compromise was filed before ......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......hy;sation system." 18. On a careful scrutiny of the mandate of the Constitution as quoted above, and from the judgments referred to hereinbefore we are of the humble opinion that Judges and specially Judges of the highest Court have a vital role to ensure that the promise is ful..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......lip;…............................Respondents (In both cases) Judgment February 1, 2012. Result: The appeal is dismissed commuting the sentence of death to imprisonment for life. Conversion of the Conviction There is no scope on the part of the High Court Div......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......own any general rule defining the classes of cases in which capital sentence or a lesser sentence may be imposed, though from time to time, certain circumstances have been recognised by the Judges who are required to consider this question as valid grounds for imposing such sentence. ..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
.... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ...... Petitioner Khondaker Saiful Huq, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For Respondent No.1 None represented—For Respondent Nos.2-9. Civil Petition for Leave to Appeal No.1911 of 2009. (From the judgment and order dated 7-7-2009 passed by the ...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ......n. The contention of the contesting respondents, however, was that rule 3(3) of the Land Appeal Board Rules, 1990 has provided a forum for second review. 13. However, it appears that the learned Judges of the High Court Division considered the contentions of both the contesting parties dee..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......bsp; Mahmudul Islam, Senior Advocate instructed by Syed Mahbuar Rahman, Advocate-on-Record—For Respondent No.1. None represented—For Respondent Nos.2-10. Civil Petition for Leave to Appeal No. 530 of 2011. (From the judgment and order dated the 8th day of June, 20......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......nt between the plaintiff and the land owner, the plaintiff was not entitled to a decree for specific performance of contract against the petitioners being the heirs of defendant No.3, but the learned Judges failed to consider these factual and legal aspects of the case in its proper perspective and ..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
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