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Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....arned Assistant-Attorney-General the learned Counsels appearing on behalf of the petitioners controverting the submissions of the learned Assistant-Attorney-General submits that there is no scope in legal arena and factual aspects of the suit to consider the submission on remand and accept......no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)
....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ......cognizance in the Special Case No.3 of 2009, the learned Senior Special Judge, Jhenaidah fixed the case for charge hearing at last on 25-10-2010. At this stage/the accused-petitioner, after obtaining bail, preferred this application under section 561A of the Code of Criminal Procedure for quashing t..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
....rned Advocates for the respective parties, a pertinent question arises as to whether the impugned proceedings should be quashed. To decide this issue, it will be necessary to see the extent of power, scope, principles and categories of cases in which High Court Division may invoke its extra-ord......petitioner under section 4(2) of the Anti-Corruption Act, 1957. 4. It appears from the application that the accused-petitioner voluntarily surrendered before this Court and obtained anticipatory bail from this Court in Criminal Miscellaneous Case No. 5412 of 1998 on 24-8-1998. 5. During in..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....ip;………Opposite Parties Judgment January 17, 2013. Result: The Rule is discharged. Opportunity to prove the allegation by adducing evidence- There is scope for the accused-petitioner to explain about the matter and rectify the mistake in calculating ......sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004. The learned Divisional Special Judge took cognizance under the aforesaid sections on 26-5-2010 and also granted regular bail to the accused-petitioner on 28-6-2011. Before charge hearing, the accused-petitioner filed the..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....ned under the provision of Anti-Corruption Commission Act of 2004 and Criminal Law Amendment Act of 1958. 51. In view of the above decisions and observation of the Appellate Division there is no scope to hold that the sanction of the Government is mandatory to make inquiry of the offence of the......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....nt. In order to get the answer of this question we can referrer the citation of Kent Vs. Dulles, (1958) 2 L Ed 1204. By the decision of the Supreme Court of America for the first time had defined the scope of passport. There the Secretary of State refused to issue passport to each of the two plainti......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....the view that as the allegations with regard to the forgery of the disputed documents are yet to be decided at the time of trial and for considering contention of the petitioners, there is still scope at the time of framing the charge, and that the decision of the High Court Division discharged......inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....mitted that the impugned order passed without application of his judicial mind. Moreover, when the accused-petitioner was once discharged in the case and said order remains unchallenged, there was no scope to re-start a disposed of case and again frame charge under any section on the basis of a...... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)
....No. 2 acted illegally in claiming VAT on the basis of some alleged forged papers and the respondent No.1 tribunal also committed wrong in affirming the same to which it had no jurisdiction within the scope of section 26 of the VAT Act 1991. The learned Counsel in support of his contention placed rel......Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94. ..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
....NS Taka 625-1,315 (MNS Taka 1,315-2,750) having 3 years experience were encadred against V/d promotion quota till 1998. In 1998 when all posts were upgraded to class-1 with effect from 11-9-1995 scope of encadrement by way of promotion against V3rd quota of class-II had been blocked and stopped...... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
....e fine imposed upon the petitioner but still the sentence of simple imprisonment for a period of 1(one) year is rigorous and the maximum sentence under law. This is unjustified when there is enough scope for exercising discretion by the Court to impose minimum sentence of imprisonment against ...... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10
Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)
....the fine imposed upon the petitioner but still the sentence of simple imprisonment for a period of 1(one) year is rigorous and the maximum sentence under law. This is unjustified when there is enough scope for exercising discretion by the Court to impose minimum sentence of imprisonment against the ...... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....it would amount to denial of the right guaranteed or secured and would lead to arbitrary, unfair or discriminatory treatment." 58. The Supreme Court of India while explaining the nature and scope of the doctrine of legitimate expectation in the case of Food Corporation of India Vs. M/s Kam......sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....ting of the Board of Governors of the BPATC, made submission that since the Board of Governors took decision to withdraw the appeals filed by the BPATC, the learned Additional-Attorney-General had no scope to appear on behalf of BPATC and to argue on its behalf and thus, to proceed with the appeals ......we find no other alternative but to dismiss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... of clerical error or mistake on the face of the record…………………(21) Misconduct The word 'misconduct' has no precise meaning, and its scope and ambit has to be construed with reference to the subject matter and context wherein the ter...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......7.08. The petitioner on knowing about the said F.I.R., filed Criminal Miscellaneous Case No.11660 of 2008 before the Hon’ble High Court Division and on 20th July 2008 was enlarged on pre-arrest bail on Ramna Police Station Case No. 22 dated 10.07.08 till acceptance of the police report by the ..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
.... The word 'shall, though prima facie gives impression of being of mandatory character, it requires to be considered in the light of the intention of the legislature by carefully attending to the scope of the statute, its nature and design and the consequences that would follow from the construc......মিন অযোগ্যতা।—এই আইনের অধীন অপরাধসমূহ আমলাযোগ্য (Cognizable) এবং জামিন অযোগ্য (Non bailable) হইবে।] ৩২। কমিশনের অনুমোদনের অপ..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Jamila Khatun Vs. State, 2012, 41 CLC (AD)
.... the truth will come out whether the petitioner was at all involved with the killing of the deceased or not, but in deciding the merit of an application under section 561A of the Code, there is no scope of going into the question whether the witnesses in the judicial inquiry had told the truth o......m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
....act, 13 students of the English version were placed in the merit list. There was no irregularity in making assessment of the answer scripts as well as in publishing the results. In fact, there was no scope or opportunity to create any anomaly as there were two alternative methods. Pursuant to an app...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ..Category: Others | Date: 22 Nov, 2012 | Hits: 20