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Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
.... test for MBBS and BDS for the session 2011-2012 held on 30-9-2011 shall not be declared to have been taken without lawful authority and is of no legal effect. In the writ petition, a direction was also sought for upon the writ-respondents to produce both the Bangla and the English version of the qu...... 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. ......espondents were directed to produce the admission test papers both the Bangla and the English version and the method of markings thereof before the Court, the petitioners will suffer irreparable loss and injury. 6. Rule was issued in the terms of the prayer. 7. Writ-respondent Nos.3 a..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
.... Council.......... (55) Statement must be voluntary Before recording a confession, a Magistrate is bound to make a real and substantial enquiry as to the voluntariness of the confession. In so doing, he must put questions to the accused with a view to finding out the real object of the con......07, argues that the alleged confessional statement of Md. Khorshed was untrue and obtained under duress and since it is neither true nor voluntary, he filed a petition on 06-11-2000 retracting his so-called confessional statement; but the Court below failed to appreciate this dimension of the case c......the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....(Md.).....................................Petitioner Vs. Commissioner of Customs and others............Respondents Judgment November 19, 2012. Result: The Rule is made absolute. Cases Referred to- Transcom Cables Ltd Vs.The Commissioner of Customs 2 TLR 571; A...... "F", "G", and "H"). 7. The prior to the shipment of the goods in question, on 20-10-2011a Bangladesh government nominated pre-shipment inspection (PSI) Agency called Bureau Veritas inspected the goods physically and on 27-10-2011 issued a Clean Report of Find......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77. ..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....the State Acquisition and Tenancy Act on the allegation that the opposite-party No. 3 is a co-sharer by inheritance in the case jote, who transferred the case land to opposite-party Nos. 1 and 2 by a so-called deed of exchange in order to defeat the right of pre-emption of the petitioner. The pre-em......application under Order XLI, rule 19 of the Code of Civil Procedure, depends on Whether the appellant was prevented by sufficient cause from appearing before the Court when the appeal was called on for hearing. The conduct of the appellant may be reprehensible but the matter cannot ...... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....in Ahmed..........Respondent Judgment November 14, 2012. Result: The appeal is dismissed. Confession A confession is an admission made at any time by a person charged with a crime, stating or suggesting the inference, that he committed the crime. In crim......on the accused. When the burden of fact is on the prosecution, the case must be 'proved beyond a reasonable doubt. When, however, the burden of an issue is upon the accused, he is not, in general, called on to prove it beyond a reasonable doubt, or in default to incur a verdict of guilty, it i......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
.....Respondent Judgment November 14, 2012. Result: The appeal is dismissed. Confession and second confession A confession is an admission made at any time by a person charged with a crime, stating, or suggesting the inference, that he committed the crime. In cri......s on the accused. When the burden of fact is on the prosecution, the case must be proved beyond a reasonable doubt. When, however, the burden of an issue is upon the accused, he is not, in general, called on to prove it beyond a reasonable doubt, or in, default to incur a verdict of guilty, it is...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
.... 2011 and 1672 of 2011 as plaintiffs filed Title Suit No.81 of 2006 in the First Court of Joint District Judge, Dhaka impleading the petitioner of CP No.2199 of 2011, Shamsul Kabir Humayun Reza, son of late Yeadul Hossian of plot No.34(old), 113 (New), Block-C WN(B), Gulshan Model Town, Gulshan......ich showed that till hearing, he claimed original defendant No.1, i.e. Shamsul Kabir Humayun Reza of Mirpur as his vendor. The learned Judge held that "Thereby it can safely be concluded that so called bainapatra or agreement for sale was entered into by plaintiff with the person who......e false and forged papers showing a fake Shamsul Kabir Humayun Reza as their father and then in collusion with defendant Nos.5-8 filed the false suit as a test case just to harass and cause financial loss to defendant No.3, actual Shamsul Kabir Humayun Reza. 10. Defendant Nos.5-8 (RAJUK and its..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....y;ties are true or false can only be gone into during the trial of the case. Moreover, the admissibility, relevance, propriety or sufficiency of materials collected by the prosecution are also matters for evidence and trial………….(33) Allegations of Abetment ...... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ...... Banani, Dhanmondi, Elephant Road, Shantinagar, New Eskatan etc. for the benefit for himself and other accused and sold the same at a less price than the market price thereby causing a huge financial loss amounting to Tk. 127,64,19,059.26 to the public exchequer. Against this backdrop, a case under ..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....A.N.M. Bashir Ullah J The State………………………....Petitioner Vs. Moru Bhuiyan………..............Condemned prisoner Moru Bhuiyan ………………………..........nder Section 164 of the Code. The police after investigation submitted charge sheet under Section 302 of the Penal Code accusing the condemned-prisoner as accused. 6. Eventually, the accused was called upon to answer the charge under Section 302 of the Penal Code to which he pleaded not guilty ......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....mplete ownership over the goods and the respondent No.7 as an instrumentality of the Customs Authority and Port Authority resultantly has no legal competency to withhold delivery under any plea. He also submits that respondent No.5 (bank) already certified that money has been transferred from t......itioner is not entitled to get any delivery of goods. 29. Scrutton, Charter parties, 19th ed (1984) at 2 describes a bill of lading as follows; "After the goods are shipped, a document called a bill of lading is issued, which serves as a receipt by the ship-owner, acknowledging t......e in the course of transit, and may retain them until payment or tender of the price. 48.The petitioner's lawyer Mr. Ariff submits before the Court that the petitioner has incurred huge loss and accordingly prays for compensation. In this regard Sales of Goods Act provides specifically..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....enior Assistant Judge, Dohar Court, Dhaka on transfer which was renumbered as the title Suit No.191 of 2005 against the present petitioners contending that Ahsan Ullah Bhuiyan was the owner and possessor of 7 decimal of land appertaining in C.S. Khatian Nos. 168 and 16 and C.S. Dag Nos. 423, 433 and......nting an Advocate Commissioner to submit a report after obtaining statement of the concerned lawyer and accordingly on 01.06.2005 the learned Advocate Commissioner submitted its report but he was not called in as a witness thus the defendant-petitioners did not have any opportunity to cross-examine ......ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
....zammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Kaisor-uz-Zaman (Md.)...……………………...Petitioner ......e offence against the petitioner was not a report in the eye of law, now there is no other alternative but to get the case investigated afresh by the Commission, no answer to question No. (v) is called for. 25. For the discussions made hereinbefore, we hold that the learned Senior Special ...... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
....of the Nari-O-Shishu Nirjatan Daman Ain, 2000 (Shortly the Ain, 2000) convicting the appellants under section 11(Ga)/30 of the said Ain, 2000 and sentencing the appellant No.3 to suffer rigorous imprisonment for 2 years and a fine of Tk.3,000/ in default, to suffer rigorous imprisonment for 3 months......ence examined none. 4. From the trend of cross-examination of the P.Ws. the defence case is that the appellants are innocent and they have been falsely implicated with ulterior motive and the so called occurrence has not been committed by the appellants. 5. After hearing the parties and on...... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....itan Special Tribunal No.3, Dhaka, in Metro. Special Tribunal case No.354 of 2007 convicting the appellant under sections 19A and 19(f) of the Arms Act and sentencing him to suffer rigorous imprisonment fourteen years and seven years respectively with a direction to run both the sentences concu......o GR No.364 of 2007. 3. The Police, after investigation submitted charge-sheet under sections 19A and 19(f) of the Arms Act accusing the appellant as accused. 4. Eventually, the accused was called upon to answer there charge under sections 19A and 19(f) of the Arms Act who pleaded not guil......s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
....
The Secretary, Ministry of Law, Justice and Parliamentary Affairs and
others.......................Defendant-Opposite Parties
Judgment
August 8, 2012.
Result:
The is made absolute.
Cases Referred to-
Bangladesh and others Vs. A.K.M. Zahangir Hossain and others, 3......e.
25. In view of the facts and circumstances of the case I have the reason to inclined such a view that it is settled in our court that to every adult person the law assigns a domicile which is called the domicile of origin and which remains attached to him until a new and different domicile t...... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....nt as the appellant following leave is directed against the judgment and order dated 23-8-2006 passed by a Division Bench of the High Court Division in Writ Petition No.5426 of 2004 making the Rule absolute with a direction to exclude the property from the 'Kha' list of abandoned buildings. 2......ding in the 'Kha' list of the abandoned buildings and, as such, the enlistment of the disputed building in the 'Kha' list is ex-facie illegal and without jurisdiction and, as such, no interference is called for. In support of his contention, the learned Advocate relies upon the case of Bangladesh, r......the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
.... Md. Zahangir Farazi and others.....................Respondents Judgment August 7, 2012. Result: All appeals are dismissed. Cases Referred to- Secretary, Internal Resources Division, Ministry of Finance Vs. Nasrin Banu, 48 DLR (AD)171; Abdul Bashar Vs. Bangladesh, ......;ognize the services of the petitioners as permanent in the respective posts and places they had worked since the date of their joining in their respective posts and, as such, no interference is called for with the impugned judgment and order and there being no merit in the appeals, the same be......d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
....in as plaintiff filed Other Suit No.5 of 1992 in the Court of Sub-ordinate Judge and Second Commercial Court, Chittagong for specific performance of contract against Md. Yousuf Chowdhury, the predecessor of the present petitioner impleading him as defendant No.1(hereinafter referred to as the defend......d by the High Court Division in First Appeal No.99 of 1992). Judgment Md. A Wahhab Miah J. - In this petition, the petitioner who is the heir of the deceased defendant, Md. Yousuf Chowdhury has called in question the judgment and decree dated the 20th day of May, 2010 passed by the High Court ...... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....rdered on his way home back from office on 9th June, 1999 at about 5-30 PM. According to the prosecution version, Titu had love affair with one Samanja and when he came to know that Jibran had also an affair with Samanja, Titu confronted Jibran but the latter had denied of having such......he High Court Division under sections 302/109 and 120B of the Penal Code for the murder Jibran Tayyabi (Jibran) by setting-aside the judgment and order of acquittal passed by the trial Court has been called in question on the ground that there is no legal evidence in support of the charges. 3. ......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....g of such petition does not convert into a "publicity interest litigation" or "private interest litigation". In this type of petition, a jurisprudence has been innovated where a public spirited person or organization invokes the jurisdiction of the court, on behalf of such persons, who by reason......ature of Public Interest Litigation (PIL) ATM Afzal, J in Dr. Mohiuddin Farooque Vs. Bangladesh, 49 DLR (AD) 1 observed: "A person pleading sufficient interest may be able to cross, what is called the threshold stage on the averments made in th6 writ petition but it will always remain ope......victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
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