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Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ......discriminatory impugned letter, dated 05.09.11 and 26.09.11, issued by the Respondent no.8, intimating the refusal to pay the Hon’ble Judges of the Supreme Court of Bangladesh their medical bills for treatment (as of Annexure-D and D-1), should not be declared illegal and without lawful authori...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ......s to show cause as to why allegedly illegal, unreasonable and discriminatory impugned letter, dated 05.09.11 and 26.09.11, issued by the Respondent no.8, intimating the refusal to pay the Hon’ble Judges of the Supreme Court of Bangladesh their medical bills for treatment (as of Annexure-D and ..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Mohammad Noor-E-Alam Jahangir Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....vision Bench of the High Court Division in Review Petition No.58 of 2010 rejecting his application for reviewing the judgment and order dated 24.02.2010 in Writ Petition No.9985 of 2007. 2. The contempt petition has been filed by the petitioner for drawing contempt proceedings against the resp...... Result: Petitions are dismissed. Lawyers Involved: In Person- For the Petitioner (In both the cases) None represented- For the Respondents (In both the Cases) Civil Petition for Leave to Appeal No. 2356 Of 2010 With Contempt Petition No.05 of 2011. (From t......ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ......a married woman, Zeenat Sharmin Anny (Respondent No.5) any more; while placing his case before the Court, the petitioner could not make out any ground why the judgment should be reviewed. The learned Judges further observed that the review application was a frivolous one and invaluable public time o..Category: Civil Law, Contempt of Court Law | Date: 5 Jan, 2012 | Hits: 90
Somed Ali Vs. State, 2011, 40 CLC (AD)
....death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ......Division Bench of the High Court Division in Death Reference No.129 of 2003 heard along with Jail Appeal No.614 of 2003 rejecting the reference and dismissing the jail appeal. 2. Facts necessary for disposal of this jail petition are that the condemned petitioner was put on trial before the Ses......death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ......er filed the instant jail petition from Sylhet central jail through the jail authority. 8. Mr. Helal Uddin Mollah, learned Advocate, appearing for the petitioner has contended that the learned Judges of the High Court Division erred in law in confirming the sentence of death awarded to the ..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. .....................Respondents Judgment December 13, 2011. Result: The appeal is allowed. When someone resigns from his service factually and legally, he can not make any prayer for reinstating him.......................(16) Cases Referred to- Chairman Petro-Bangla Vs......e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ......ave to Appeal No.555 of 2002 before this Division and leave was granted on 19-07-2003 to consider the following submissions:— "The learned Counsel for the Petitioner submits that the learned Judges of the High Court Division failed to consider that the Respondent No. 1 having resigned from ..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
.... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ......wdhury, Advocate-on-Record—For the Petitioner. Md. Aftab Hossain, Advocate-on-Record—For Respondent No.2. None Represented.—For the Respondent No.1. Criminal Petition for Leave to Appeal No.162 of 2010. (From the judgment and order dated 28-2-2010 passed by the ...... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ......obtained a Rule in Criminal Revision No.11 82 of 2009 and also an interim order staying all further proceedings of Complaint Register Case No.108 of 2007 by the order dated 9-8-2009. The learned Judges of the High Court Division by the judgment and order dated 28-2-2010 discharged the Rule..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ......al instructed by B. Hossain, Advocate-on-Record- For the Petitioners. Md. Fazlur Rahman, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 2354 of 2009. (From the judgment and order dated 17.08.2009 passed by t......ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ......Advocate appearing for the respondent No.1 (writ petitioner) supported the impugned judgment and order. 10. On perusal of the impugned judgment of the High court Division, it appears the learned Judges of the High Court Division made the Rule absolute, on the finding inter alia, that there was ..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
....ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ......lationship between the Nari-o-Shishu Nirjatan Ain, 2000 and the Code of Criminal Procedure, 1898 and the Penal Code, 1860 Since specific provision has been made in Nari-o-Shishu Nirjatan Ain, 2000 for punishment of making false allegation, the provision of Code of Criminal Procedure and Penal Cod......ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ......tiate proceedings against the informant appellant under section 17 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 is hereby set aside. 22. In our little experience we see that a large number of the Judges of the Nari-o-Shishu Nirjatan Daman Tribunal have been committing the above error of law. The..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520....... Judgment Surendra Kumar Sinha J. - Leave granted. 2. Appellants and another were convicted under section 4(2) (ka) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sentenced to imprisonment for life with fine they were also convicted under section 4(2) (kha) of the said Ain and sentenced......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......at the High Court Division made out a third case which is not even the case of prosecution. P.W.11 does not make any statement in this regard. This observation is sufficient to infer that the learned Judges have maintained the conviction on hypothesis without application of their judicial mind. Th..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....tions preferred by the appellants expeditiously. But the BTRC did not dispose of the said applications submitted by the appellants and consequently, the appellants had prayed for drawing up a contempt proceeding against the Chairman of the BTRC. In order to avoid contempt proceeding the BTR......ation (1) The doctrine of legitimate expectation may arise where the decision of administrative authority affect a person either by altering rights or obligations of that person which are enforceable by or against him in private law or by depriving him of some benefit which he has in th......ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ...... power to quash a criminal proceeding in exercise of powers under Article 102 of the Constitution. We have come across in a number of cases and find the High Court Division is not maintaining uniformity in entertaining and disposing of petitions for quashing criminal proceedings. Some Benche......nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ......e State, 1995 ALT 53 (FB) as under: "A single Judge shall not differ from the judgment of another Judge of the same Court. If he does not agree, he shall refer the matter to a Bench of two Judges. He is bound by the decision of a Divisional Bench exercising appellate jurisdiction. If the..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ......or Advocate, instructed by Md. Taufique Hossain, Advocate-on-Record—For the Respondent Nos.1, 2 and 4. Not represented—For the Respondent Nos. 3, 5-6 and 8-9. Civil Petition for Leave to Appeal No.1816 of 2010. (From the judgment and order dated 13-11-2008 passed by th......nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ......onstitution. e) The impugned Ordinance is violative of Article 94, 111 under part VI and also Articles 27,31,35(3)(4), Article 58B-E of the Constitution. 7. With these findings, the learned Judges of the High Court Division declared the impugned Ordinance as ultra vires the Constitution. ..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
.... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ......Joarshahara, Dhaka Cantonment in the High Court Division by a writ petition. According to the writ petitioners, by different deeds they acquired title and possession of .6855 acre of land out of the aforesaid three plots and constructed four multi storey buildings under the name 'Chowdhury Kunjo'. I...... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ......ompounded, has to be demolished. There is no way out. Judicial discretion cannot be guided by expediency. Courts are not free from statutory fetters. Justice is to be rendered in accordance with law. Judges are not entitled to exercise discretion wearing the robes of judicial discretion and pass ord..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......hishu Nirjaton Domon Special Tribunal No.1, Dhaka convicting the convict petitioner under Section 9(1) of the Nari-0-shishu Nirjaton Domon Ain, 2000 and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Tk. 5,00,000/- in default to suffer R.I. for 5(five) years more in Nar......nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ...... believable testimonies and as such we are constrained to hold that although there is evidence but this evidence creates serious doubt over the prosecution case and creates no credence in the mind of Judges of this court and as such this is treated as a case of no evidence. 46. In the result, ..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....said that the Supreme Court shall be a Court of record and shall have all the powers of such a Court including the power subject to law to make an order for the investigation of or punishment for any contempt of itself. And there cannot be any dispute that the power of issuing a contempt Rule is inh...... people of Bangladesh.
6. Article 11 within Part II of the Constitution stipulates that the Republic of Bangladesh shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person, shall be guaranteed. These are not mere empty flowery......authorized, is maintained.
No order as to costs.
This Case is also Reported in:
...... with men [Art. 28(2)], right to protection of law (Art.31), protection of right to life and personal liberty (Art.32) etc.
9. Besides, Article 148 provides for taking oath or affirmation by the Judges of the Supreme Court, among others, as mentioned in the Third Schedule of the Constitution, b..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......tion 11(Ga)/ 30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (amended 2003), now pending in the Court of learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Brahmanbaria, rejecting the application for bail of the accused appellant. 2. The fact relevant for disposal of the appeal, in short, i......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447....... not support the impugned order. 8. We had to gather bitter experience in various cases as Judge of this Court relating cases under, Nari-o-Shishu Nirjatan Daman Ain that sometimes the learned Judges while dealing with those cases become emotional and partisan and Sympathetic to the women. No..Category: Women and Children | Date: 2 May, 2011 | Hits: 171
Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)
....we find no merit in the submissions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ...... writ petition itself is maintainable in law or whether the writ petitioner has got any interest in the matter Writ-petition in question could not be termed as public interest litigation. Before going into the merit of a writ petition the first and primary duty of the writ Bench is to see ......we find no merit in the submissions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ......al on the ground of wrong description of a person or inclusion of someone who is not entitled to be included therein. 11. From the judgment of the High Court Division it appears that the learned Judges mooted the following question for their consideration, namely, "Whether Pourashava elect..Category: Election Law | Date: 3 Apr, 2011 | Hits: 168
....ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
......smissed.
When additional evidence sought to be adduced.
It is well established that Order XL, rule 27, CPC does not confer a right on the party to produce additional evidence. The need for additional evidence must be felt by the Court itself, if the Court hearing the action requires a......ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
......ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)
....e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218.......t of Title Suit No. 308 of 2009 as per provisions of Order VII Rule 11 of the Code of Civil Procedure. 2. Appellants as plaintiffs instituted Title Suit No.308 of 2009 with prayers amongst other for:— “ক) নিম্নের তফসিল বর্ণিত ও চৌহুদ্......e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218.......ublished in the Gazette, not before, unless the law makers give its effect by express word. In the decision of Nizamuddin Vs. State, 30 DLR 49, full bench of the High Court Division comprising of 5 Judges, relying on a number of decisions of the entire subcontinent and beyond, held that statute ..Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
.... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ...........................Respondents Judgment January 13, 2011. Cases Referred to- Bangladesh Legal Aid and Services Trust and others Vs. Government of Bangladesh and others; Parents Forum for Meaningful Education and Another Vs. Union of India and another, AIR 2001 (Delhi) 212; F.C. Mull...... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ......mposition of penalties, such as caning, whipping etc. or fine in such salish by a private person is bereft of any legal authority and is illegal.” The learned advocate points out that the Hon’ble Judges further held that “imposition of extra-judicial punishment is beyond the Constitution and i..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
.....2 with the copy of the said ad-interim order and prayed for release of the goods as per direction of this court. However, the respondent No.2 having not released the goods, the petitioner filed contempt petition being No. 277 of 2010 before this court, but the same was not pressed. The petitio...... by the Importer has negative Impact in Due Process of Law-
Although the importer gave wrong declaration, as to the country of origin, since there are specific provisions in the Customs Act for dealing with wrong declaration by the importer at the entry point, the authority can not de......ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3
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