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Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....was stipulated on 8-12-2011. Despite the date was fixed for delivery of MRP Passport on 15-2-2012, respondent No.2 failed to delivery the passport to the petitioner on due date without assigning any reason. Subsequently, the petitioner served a demanding justice notice upon respondents through ......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 ......e have scrutinized the provision of section 6 of the Bangladesh Passport Act, 1973. Section 6 provides that:— "6. the applicant is evading or likely to evade appearance in any pending proceeding against him in a criminal court in Bangladesh or that an order prohibiting the departure ..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....20/467/468/471/385/109 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Chittagong so far it relates to the accused-petitioner Md. ShafiquI Alam, should not be quashed or any other order passed as to this Court may seem fit and proper. 2. At the time issuance of the......perty on the basis of a forged power of attorney deed. Since there is allegation about of his involvement in the FIR and charge-sheet, no reason is available to quash the proceeding at the early stage of taking cognizance. The matter may be looked at the time of framing charge and the proc......ker Musa Khaled J.- On an application under section 561A of the Code of Criminal Procedure, this Rule was issued on 7-12-2009 calling upon the opposite-party to show cause as to why the criminal proceeding of GR No. 1116 of 2007 arising out of Kotwali Thana Case No.50(11) of 2007 under sections..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
....ourt High Court Division (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J Asaduzzaman Shahid Khan......................Petitioner Vs. National Tea Company Ltd and others..............Respondents Judgment January 9, 2013. Result: Th......ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......2 the notice was also published in the Financial Express; that since the agenda of election of directors could not be carried out, the adjourned meeting of the 33rd AGM was required to be held before proceeding to hold the 34th AGM. Therefore, by a notice dated 10-7-2012 the company has stayed the 3..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
....6) The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 342 Section 342 Cr.P.C. requires the trial Court to examine the accused for the purpose of enabling him to explain any circumstance appearing in the evidence against him. The substance of this examination is that ......ccurred due to non-application of judicial mind by the learned Sessions Judge while framing the charges but despite such error, the appellants have not taken any exception against this error at any stage either in the trial Court or at the appellate stage. It is new settled that no defect or irre...... this area may gravely imperil the validity of the trial itself; if consequential miscarriage of justice has flowed. However, where such an omission has occurred it does not ipso facto vitiate the proceedings and prejudice occasioned by such defect must be established by the accused. In the even..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....instant Rule and stay order. 6. Mr. Amir-ul Islam, learned Advocate, assisted by learned Junior Advocate Mr. Mohd. Taslim Uddin Bhuiyan submits that there is no fact in the allegation to attract any ingredient of the offence punishable under section 406 of the Penal Code. But the learned Magist......ank, submits, in reply, that the impugned proceeding was started by taking cognizance under section 138 of the Negotiable Instruments Act as well as under section 406 of the Penal Code at the initial stage. The accused-petitioner was discharged from the offence constituted under section 138 of the N......ction 406 of the Penal Code, should not be quashed/set-aside and /or pass such other order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule, all further proceedings of the above mentioned CR Case were stayed for a period of 3(three) months, which has be..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
....Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmunara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Gulf Air Company GSC and another ....................Petitioners Vs. Travel Trade Ltd. and others..........09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ......he plaintiff) filed Title Suit No.565 of 2012 in the Court of Assistant Judge, Second Court, Dhaka for the following reliefs: "A. Pass a decree declaring that the initiation of arbitration proceeding by the defendant No.1 in Singapore bearing reference No.18477/CYK with the defendant No...Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Anti-Corruption Commission Vs. Md. Bayazid & others, 2013, 42 CLC (AD)
.... section and not as an additional section to that Act. In construing 'Rules', they shall be given the same effect as if they were contained in the Act. It means that they cannot be given any other construction than that they shall for all purposes of construction or obligation or o......rned Special Judge to proceed with the case in accordance with law. The petition is disposed of with the above observations. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 97. ......05 of 2009). Judgment SK Sinha J.- In this petition the petitioner Anti-Corruption Commission calls in question the propriety of the judgment of the High Court Division in quashing the proceedings in Special Case No.3 of 2009 pending before the Special Judge, Mymensingh on technical g..Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6
TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)
.... Section 26 of the VAT Act contemplates a situation and made provisions for combating the same. Of course the provision should be followed meticulously in its true spirit and purport. If there occurs any deviation in terms of such on 26 of the Act then certainly that can be remedied in a proper foru......id order of the respondent No. 2 the petitioner filed an appeal before the Respondent No.1 Tribunal which was dismissed oh 8-12-2003 affirming the order of respondent No.2 (Annexure-H). It is at this stage the petitioner mainly on the ground of coram non judice of the decision passed by the responde......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
Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ract Article 102 of the Constitution as a method of cunning device. Section 12 of Ain, 2003 maintains as a pre-contention to sale the mortgage property and realized the outstanding dues, if any, before filing a suit against a defaulter borrower……………&helli...... issued by the respondent Bank regarding the auction sale of the mortgaged property of the petitioner without giving him any prior notice or without any decree from the Artha Rin Adalat. At this stage the petitioner moved this Division and obtained the present Rule and stay. 4. No one....... The respondent No. 2, Bank then issued a final notice on 27-7-2009 asking for the payment of cheque amounting to Taka 59, 23,323 by 31-7-2009 failing which it was further mentioned by the Bank that proceeding under section 138B (Negotiable Instrument Act, 1881) would be initiated against the ..Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
.... as to which Rules (i.e. Rule 3(e) or 4) of BCS Seniority Rules, 1983 shall have to be followed in determining seniority of the said non-cadre officers appointed, after 1985 and in that score if anyone is aggrieved by the decision of the government may take recourse of law in an appropriat......d by contemnor No. 3, has taken some steps to implement the judgment and order dated 8-12-2009 passed in Writ Petition No. 3968 of 2002 and the implementation process have almost come to a final stage but not in total compliance with the Seniority Rules, 1983 as directed by the judgment of this......contemnor No.3 and affidavit-in-opposition of added opposite parties and the Annexures appended thereto. 31. The moot question that calls for consideration by this Division in this contempt proceeding is whether the contempt petitioners, who were the added respondents in the original writ ..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
....mine further witnesses and accordingly, the trial Court fixed the next date on 4-11-2003 for the defendant’s witnesses. On 4-11-2003, though the plaintiffs filed hajira, the defendants did not file any hajira. On behalf of the plaintiffs an application was filed for passing an order as per prayer ......dy for peremptory hearing, the hearing commenced and on behalf of the plaintiff’s three witnesses including the plaintiffs were examined and they were duly cross-examined by the defendants. At this stage of the suit, defendant No.8 on 7-7-1997 filed an application under Order XXVI, rule 9 of the C...... his order dated 8-10-1997 rejected the prayer. Against this order defendant No.8 filed Civil Revision No.261 of 1998 before the High Court Division. During the pendency of the civil revision further proceedings of the suit remained stayed. The Rule in the civil revision was discharged on 3-8-2003 w..
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....Md. Hasan, Deputy Com-missioner and Chairman, Plot Allotment Committee, and as such, he had to carry out the orders of the deputy Commissioner and he cannot be held liable to be prosecuted under any offence relating to such illegal allotment to Moklesur Rahman and others. It is submitted that t...... case can be subject matter of quashment before submission of the charge-sheet and cognizance is taken thereunder. Cognizance starting point of criminal case A criminal case starts from the stage of taking cognizance. Unless cognizance is taken, the FIR named suspected persons are not accu......ent Khondker Musa Khaled J. - On an application under section 561A of the of the Code of Criminal Procedure, this Rule was issued calling upon the opposite-party to show cause as to why the proceedings of the DAG GR No.13 2002 arising out of Khulshi Police Station Case No.41 dated 30-6-200..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
.... a civil proceeding may be done on grounds similar to those mentioned in Order XLVII, rule 1 of the Code of Civil Procedure. In the Code of Criminal Procedure, there is no provision for review of any judgment or order passed by the Court exercising power there under. So, in order to review a j...... 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. ......view Petitions are dismissed. The Supreme Court of Bangladesh (Appellate Division) Rules, 1988, Order XXVI rule 1 Review of judgment or order of the Appellate Division in a criminal proceeding can only be done on the ground of an error apparent on the face of the record. The revie..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10
Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)
....nment in proportionate to the fine as reduced by this Court restoring the judgment and order passed by the appellate court in respect of fine. II. For that as the Appellate Division has not made any extensive observation in respect of determining the proportionality of the period of imprisonmen...... 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. .......16-19 of 2012 have made their submissions with reference to the grounds taken in the respective review petition. 5. The provisions of review of judgment or order of this Division in a criminal proceeding have been provided in rule 1 of Order XXVI of the Supreme Court of Bangladesh (Appellate ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....ction of duty; unlawful or improper behaviour." Affirmative misconduct means an affirmative act of misrepresentation or concealment of a material fact. Broadly speaking misconduct envisages any instance of breach of discipline. It means improper behaviour, intentional wrongdoing or deliber...... 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. ......ellip;… (4) On completion of the enquiry the Tribunal may either dismiss the complaint or, where reference to the Tribunal was made at the motion of the Bar Council, direct that the proceedings be filed; or it may make an order imposing any of the penalties referred to in clause (1..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
.... Banani, Dhaka, and that in her wealth statement she showed to have deposited 42, 46,095 to RAJUK for the said plot, and have concealed Tk. 4,73,945 thereby. 9. The said FIR, which is devoid of any verification, failed to notice that the allegedly concealed an amount of Tk. 4,73,945, due to ov......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: ...... AHM Shamsuddin Choudhury J. -The Rule under adjudication, issued on 17.10.2012 was in following terms: “Let a Rule be issued calling upon the opposite party to show cause as to why the proceedings of Ramna Police Station Case No. 22 dated 10.07.2008 corresponding to G. R. No. 359/2008..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....ble since virus of no law has been challenged. Secondly, the provision of Sub Article (1) of Article 35 of the Constitution will not be attracted since offence as well as its punishment, if any, would be dealt with under the Ain of 2002. Thirdly, from a clear reading of the FIR, Investigat......under section 2 (ট)(আ)(ই) and 13 of the Money Laundering Protirodh Ain, 2002. After framing charge in the meantime prosecution has examined as many as 7(seven) witnesses. At this stage the present accused-petitioner filed an application before the Special Judge under section&nbs......endment Act, 1958, accused-petitioner Giasuddin-al-Mamun challenged the order dated 18-10-2012, rejecting the application under section 344 of the Code of Criminal Procedure for stay of the proceedings on the ground of violation of provision of section 188 of the Code of Criminal..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Jamila Khatun Vs. State, 2012, 41 CLC (AD)
....chowki in the veranda of the dwelling room. The informant's mother and cousin-in-law (খালাতো ভাবী), Mosammat Ismat Ara on examining the body of Baby found the throat cut and as many as 10(ten) grievous injuries from throat to chest. They also found cut mark on the left breast,......ereafter by order dated 2-9-2009 framed charge against all the accused including the petitioner under section 302/34 of the Penal Code and fixed the next date for examination of witnesses. At that stage of the case, the petitioner filed an application before the High Court Division under secti......and fixed the next date for examination of witnesses. At that stage of the case, the petitioner filed an application before the High Court Division under section 561A of the Code for quashing the proceedings. A motion Bench which heard the application summarily rejected the same; hence this pe..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....ge was framed under section 302 of the Penal Code against the condemned prisoner and read over to him to which he pleaded not guilty and claimed to be tried. During trial the prosecution examined as many as thirteen P.Ws. who were cross-examined by the defence but the defence examined none. Five wit......that day he, his mother Rokeya Begum and Husna Begum, his brother’s wife asked the accused about the reason of abusing Rumi, whereupon, the accused abused them as well in filthy language and at one stage, he became furious and threatened to kill them. Then the informant along with his mother and s......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....cation Officer, Sadar, Mymensingh and he submitted has report on 2-3-2010 in favour of the petitioner. 10. Despite an enquiry already been concluded, the respondent No.2 without being explaining any reason as far it relates to earlier inquiry made a telephonic direction upon respondent No.6 for......lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......at discretion vested in a particular body or authority cannot sub delegate to some other authority unless statute permits such sub delegation. 16. We are of the view that since the initiation of proceeding against the petitioners is against the rule of sub delegation, hence the decision of the ..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
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