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Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)
.... Md. Shahabuddin...................................Petitioner Vs. The State..............................................Respondents Order July 29, 2012. Result: The prayer is allowed. Lawyers Involved: Shamsuddin Ahmed Babul, Advocate instructed by Md. Ib......owed. Lawyers Involved: Shamsuddin Ahmed Babul, Advocate instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioner. Respondent—Not represented. Criminal Petition for Leave to Appeal No.376 of 2009 (From the judgment and order dated 12.12.2006 passed by the ......R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ......R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ..Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....rom materials on record that the accused was sick and accordingly, directed the Jail authority to make arrangement for his proper treatment. 3. This order sufficiently indicated that despite the prayer for police remand, the Magistrate applied his judicial mind and did not allow the prayer for ......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. ......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. ..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
.... Joint District Judge, 1st Court, Dhaka dismissing Title Suit No.136 of 2006. 2. In the suit plaintiff prayed for a decree for declaration of 16 annas ownership in the suit property with further prayer of confirmation of possession. 3. It is plaint case that suit land originally belongs to......ion or revision of record-of-rights under this chapter or in respect of framing, publication, signing or attesting of such a record or any part of it, and if any such suit or application is pending before a civil court, it shall not be further proceeded with and shall abate and if any judgment, decr......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
Nalu Vs. State, 2012, 41 CLC (AD)
....it is not out of place to quote a few lines from “The Nature of Judicial Process by Benjamin Cardozo” as under: “There is an old legend that on one occasion God prayed, and his prayer was “Be it my will that my justice be ruled by my mercy” 22. Taking into co...... 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: ......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: ..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
....for a reasonable ground he fails to complete the investigation within the said period he has to file application with reason before the Director concern before expiry of the said 45 working days with prayer to grant additional time. If the application is found tenable the said Director may extend an......
Ed.
This Case is also Reported in:
......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law.
Abdur Rob J. - I agree.
Ed.
This Case is also Reported in:
......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law.
Abdur Rob J. - I agree.
Ed.
This Case is also Reported in:
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Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)
....he parties dismissed the petition on the ground that the applicants did not deposit 25% of the total amount required under section 33(2) of the Artha Rin Adalat Ain. Thereafter, they renewed their prayer by depositing 25% of the total amount. The Artha Rin Adalat upon hearing the parties rejecte...... Lawyers Involved: Abdul Quiyum, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented-For the Respondents. Civil Petition for Leave to Appeal No.723 of 2009. (From the judgment and order dated 1.2.2009 passed by the......ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ..Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
....ng the order dated 29.07.2008 passed by the Artha Rin Adalat, Sirajgonj in Arth Rin Miscellaneous Case No.1 of 2008. It further appears that there was apparent anomaly between the cause title and the prayer of the writ petition. In the cause title, the judgment and order dated 27.09.2009 passed by a......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: ......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: ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
.... Defendant ” 3. Grounds taken in the writ petition were nowhere near the language of article 102 of the Constitution of the People’s Republic of Bangladesh (the Constitution). 4. In the prayer of the writ petition, Rule was prayed for only against the District Judge, Dhaka calling upon...... Lawyers Involved: Safi Uddin, in person -For the Petitioner. Syed Shaheed Hossain, Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 2208 of 2011. (From the judgment and order dated the 16th day of May, 2...... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ...... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
.... the court to produce the same as and when asked for. 4. Thereafter, the petitioner bank having felt aggrieved by the said order dated 18-4-2011 passed by the respondent No. 2 rejecting its prayer for addition of party preferred an appeal being appeal No. 349 of 2011 Labour before the Appe......pellate Tribunal, Dhaka in Appeal No. 349 of 2011 affirming the order dated 8-4-2011 passed by the respondent No.2, 2nd Labour Court, Dhaka in BLL(Appeal) Case No.199 of 2010 rejecting an application for addition of party filed by the petitioner for being added as respondent No. 2 in the said BLL Ca......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.........................................Respondent Judgment May 13, 2012. Result: The prayer is rejected. সারবান সাক্ষ্য (Substantive Evidence) ই......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. ...... 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
Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)
.... the Ain, 2004. 4. An officer of the Commission investigated the case and submitted charge-sheet against the petitioner on 27-5-2008 under section 26(2) (Ka) of the Ain, 2004 and made prayer for issuance of warrant of arrest and attachment of his property. After submission of char...... Lawyers Involved: AF Hassan Ariff, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record—For the Petitioner. None represented—For the Respondent. Criminal Petition for Leave to Appeal No.202 of 2009. (From the judgment and order dated the 12th day of March, ......controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ..Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
....h some of his admitted signatures. The said application was allowed. On 6-11-2004, the appellate Court received the opinion of the handwriting expert by a memo dated 5-10-2001. The order allowing the prayer for obtaining opinion of the handwriting expert was challenged 'before both the Divisions of ......ior Advocate, instructed by Zainul Abedin, Advocate-on-Record—For the Respondent No.1. None Represented—Respondent Nos. 2-3. Civil Appeal No.283 of 2010. with Civil Petition for Leave to Appeal No.73 of 2012. Judgment Syed Mahmud Hossain J.- This appeal by leave b...... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ...... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
.... Civil Appeal No.51 of 2007. Judgment Surendra Kumar Sinha J. - Defendant is the appellant before us and he has challenged an order of the High Court Division allowing the plaintiffs prayer for examination of the disputed thumb impressions appearing in an unregistered deed of gift ......idullah, Advocate-on-Record- For Respondent No.1. Not represented-For Respondent No.2. Civil Appeal No.51 of 2007. Judgment Surendra Kumar Sinha J. - Defendant is the appellant before us and he has challenged an order of the High Court Division allowing the plaintiffs prayer fo......parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ......parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)
....eating the same application as an appeal; that though the said application did not contain the word "appeal" but what was prayed in that application was, in fact, the relief which could have been the prayer in an appeal under regulation 59 of the Regulations 1979 and in the circumstances it cannot......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. ......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. ..Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388
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. ......out of an application under section 491 of the Code. In that case, rule was issued asking the opposite parties, namely, the Ministry of Home Affairs, Government of Bangladesh and others as to why the detenue Shipra Rani Bhattacharya should not be released from jail custody and be made over to the cu..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)
...., this Court may exercise power under the Provisions of the Specific Relief Act, 1899, in particular, Section 55 and 56 in order to pass a mandatory injunction compelling the respondent to comply the prayer as has been made in the substantive application. 15. The learned senior counsel Mr. Ajmalu......er (DDCSP), operating with utmost goodwill and high reputation. The petitioner company implemented its project by the equipments supplied by the respondent No.1 upon the request dated 27.11.2005 made for the supply and implementation of the Contract for NGN, Optical Transmission and datacom Equipmen......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: ......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
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
.... sale being No.2520 dated 16-8-1990. The application was rejected vide order No.73 dated 5-8-1999 as none moved it. Then, on 24-8-1999, an application was filed under section 151 of the Code with the prayer for setting-aside the order dated 5-8-1999 and for re-hearing the application dated 3-4-1995 ...... 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. ......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. ..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.......... (38) Compensation or relief must be specifically prayed for in the writ petition but not in the name of general or other relief. There was no foundation in the writ petitions or prayer for exemplary, monetary compensation and compensatory costs was ever made in the writ pe...... 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 ......surmises and conjectures wrongly observed "We being satisfied upon the material on record hold the view that it is a fit case where justice demand an exemplary monetary compensation for the detenue from the Respondent Nos. 1 and 2. "But the learned Judges of the High Court Division fa..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
H.B. Plastic Industry Vs. Hyundai High Tech Co. Ltd. and others, 2012, 41 CLC (HCD)
....e pro-forma invoice and also in the commercial invoice. 9. Under the above facts and circumstances and the reasoning as above this court finds merit in the substantive petition and accordingly the prayer in the substantive petition along with the petition dated 23.4.2012 is required to be allowed......as such heard ex parte and now disposed off by this judgment. 2. The learned Advocate Mr. J.K. Paul, appearing on behalf of the petitioner submit that the petitioner imported colour sorter machine for Rice Mill from the respondent No.1 through the respondent No. 2 the local agent in Dhaka, by ope......ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ......ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ..Category: Alternative Dispute Resolution | Date: 28 May, 2012 | Hits: 56
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....for marking the documents as exhibits which were filed before the Court but not marked. Learned Joint District Judge, 2nd Court, Mymensingh after hearing by his order dated 9-9-2003 rejected the said prayer. Then the respondent being the petitioner filed Civil Revision No.669 of 2004 in the Hon'......i, at the instance of the petitioner, was issued calling upon the respondents to show cause as to why the respondents shall not be directed to receive rent from the petitioner by mutating in his name for 0.2385 acre land under CS Khatian No. 1072 CS Plot No.1075 SA Khatian No.1 SA Plot No.6340 of Mo......trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379. ......trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379. ..Category: Others | Date: 22 May, 2012 | Hits: 9
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