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Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......tuted its own wisdom for the discretion vested by law in the Revenue Officer. Admittedly no action or order contrary to law has yet been taken by the Revenue Officer and thus the writ petition in the nature of mandamus is prematured one. 15. As the petition for mutation is awaiting decision befor..Category: Property Law | Date: | Hits: 68
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
....e appellants for the purpose of going to the Mela was an embellishment and an after thought concocted after the lodging of the FIR has further contended that the confession of appellant Ansar Ali was exculpatory in nature and this was brought into existence by resorting to inhuman physical torture u......the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......r the purpose of going to the Mela was an embellishment and an after thought concocted after the lodging of the FIR has further contended that the confession of appellant Ansar Ali was exculpatory in nature and this was brought into existence by resorting to inhuman physical torture upon him and tha..Category: Criminal Law | Date: | Hits: 91
State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)
....legally entitled to bail. 6. We have heard the learned Additional attorney General, perused the F.I.R. and the impugned judgment. The High Court Division noticed that the confessional statement is exculpatory in nature, and as the respondent is not named in the FIR, he deserved to be enlarged on ......tionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......l Attorney General, appearing for the state submitted that the High Court Division erred in law in enlarging the accused respondent on bail who made a confessional statement which is inculpatory in nature. He further submits that the confessional statement reveals that as a part of conspiracy the ..Category: Criminal Law | Date: | Hits: 98
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ....................................Respondents Judgment January 12, 2009. Cases Referred To- Suleman Haji Muhammad and Co Vs. State Bank of Pakistan, 1960 PLD Karachi 78, and KLR (1) 84; Rising Sun Traders Ltd Vs. Chittagong Port Authority, 43 DLR 1; Bangladesh Telegraph and Telephone Boar......n. On the same date this Court concomitantly extended the period of operation of the Order of restraint in Application No.1 of 2007 until such time as that Application is disposed of. 10. The very nature of the Application in Arbitration Application No.4 of 2008 in its attempt at establishing tha..Category: Alternative Dispute Resolution | Date: | Hits: 172
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......ril, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......uld necessarily reflect the rank, status and precedence of the District Judges properly. So the relative ranking of the functionaries in the table of the Warrant of Precedence is of a significant nature, and not merely of a ceremonial nature. This, in fact, affects the ability of the District Ju..Category: Constitutional Law | Date: | Hits: 441
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......ost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......r and stand on the same footing". The High Court Division presumed the above observations arc the ratio decidendi of the case in failing to notice that the above statements made in passing are in the nature of obiter dicta. 12. One fact the learned Judges failed to notice in this regard is that t..Category: Procedural Law | Date: | Hits: 76
State Vs. Kazol, 2011, 40 CLC (HCD)
.... discrediting the evidentiary value of the confessional statements by reason of these not being subjected to any cross-examination, has argued that Kazol’s case is in fact unduly pitted against the exculpatory statements of the confessing accused persons to his detriment with Kazol’s abscondence....... Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 106
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......plication. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......vices at the recovery of the dues but purely on a bilateral basis. In other words, the Respondent No. 1 was never made a party to such exercises as must otherwise necessarily be a tripartite in their nature involving the creditor, the borrower and the surety. It is in these circumstances that the bo..Category: Company Law | Date: | Hits: 203
Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)
....ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ...... (1993) 419. ......d laid foundation of a new building and had already added three rooms to the old one. Plaintiff‑petitioner filed a petition for local inspection on 6.8.89 under Order 39 rule 7 CPC to ascertain the nature and character of schedules 'Ka' land, to ascertain whether there is any school on the suit la..Category: Property Law | Date: | Hits: 80
....respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 391.......he writ application may however be continued to terminate in due process of law.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 391.......the deceased respondent No.2 and the substituted respondents have to be struck off. Now the question arises whether the writ application will as a whole abate. The instant writ application is in the nature of certiorari assailing the order of respondent No.1. Although those affected by the order sh..
Category: Alternative Dispute Resolution | Date: | Hits: 213
Trade Channel Vs. Collector of Customs, Customs House Chittagong and others, 1990, 19 CLC (HCD)
.... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ......e petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ......l of the provisions of appeal and revision as provided in the Customs Act, 1969 specially when the consigned goods are meltable scrap (steel) and rerollable, scrap (steel) which are not perishable in nature, Mr. Nurul Islam Chowdhury, learned Advocate for the petitioner referred to paragraph 22 of t..Category: Fiscal/Taxation Law | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ...... matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......minal court is concerned with the criminal liability of an accused and not with his title. Mr. Moudud Ahmed further submits that though the Provision of the Anti‑Corruption Act, 1947 are similar in nature yet under the Anti‑Corruption Act, 1957, which is a later law, there is a provision of a pr..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......olute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......tioners, the revisional application under section 436 of the Code of Criminal Procedure is the only remedy available to the informant. Having regard to the facts and circumstances of the case and the nature of the order we find substance in the said argument of the learned Advocate for the opposite ..Category: Criminal Law | Date: | Hits: 89
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
.... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96....... this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96.......ew of provision of Rule 3 of Order 15, all the issues relating to law as well as on fact must be taken together. He argues that since complicated questions on facts are involved and dispute as to the nature of Trust whether the same is public or private is there, taking that the Trust is a public tr..Category: Procedural Law | Date: | Hits: 62
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....ng for the State, found it difficult to support the conviction and sentence of the accused appellant. The learned DeputyAttomey General conceded that the confession of the accused appellant No.1 is exculpatory. He candidly admits that the prosecution case suffers from inherent lacunae and infirmit...... prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ...... participate in the commission of murder along with the co‑accused. As the confessing accused has not involved himself in the commission of murder the confession cannot be treated as inculpatory in nature and, therefore, without corroboration in material particulars cannot form the basis of convic..Category: Criminal Law | Date: | Hits: 110
....ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407.......legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407.......rovides for appeal and revision against the assessment. The dues finally determined upon appeal and revision are recoverable under Public Demands Recovery Act, 1913. He has submitted that the mere signature of the respondent Bank in the Requisition under section 5 of the Public Demands Recovery Act ..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......ows: “It is also to be borne in mind that as finality attaches to the judgments delivered by this Court, which stands at the apex of the judicial hierarchy, a review proceeding is neither in the nature of a re-hearing of the whole case, nor is it an appeal against the judgment under review. It ..Category: Civil Law | Date: | Hits: 238
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
.... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ......nce. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ......e document sought to be pre‑empted in the present case is apparently a deed of exchange which is not pre‑emptable under the law and the court not being competent to enter into the question of the nature and character of the document should have rejected the pre‑emption petition under Order 7 r..Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ...... exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ......d in Catmur Vs. Knatchbull that non-performance of an award was a contempt of the Court and might be regarded technically an offence. But as it related simply to a Civil matter, and was rather in the nature of process to compel the performance of a specific act, the matter was in substance not crimi..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......s to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......he Act itself. The procedure for appointment to the posts of the Chairman and the Members of the BERC has been left to the best judgment of the appointing authority and is, therefore, subjective in nature. The past practice of giving public advertisements in daily newspapers and formation of S..Category: Employment/Service Law | Date: | Hits: 92
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