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Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
.... 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. ......further that in a proceeding under article 102 of the Constitution, the provisions of the Code of Civil Procedure as such are not applicable, but to decide the questions involved in the petition, the principles of the relevant provisions of the Code of Civil Procedure may be applied. So, in the inst......y B Hossain, Advocate-on-Record—For the Petitioners. Muzammel Haq, Senior Advocate instructed by Md. Habibur Rahman Miah, Advocate-on-Record— For the Respondents. Civil Petition for Leave to Appeal No.1953 of 2012. (From the judgment and order dated the 5th day of June, 20......ing with the same on its own or through the aid of experts in order to arrive at a fair and correct conclusion and if the Court which deals with a writ petition does not consider a fact disputed determination of which would require thorough examination by taking evidence and if the Court is sat..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....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 ........Respondent Judgment November 20, 2012. Result: The appeals are dismissed. Section 164(3), the Code of Criminal Procedure, a mandatory provision of law It is a settled principle of law that the requirement of adherence to the provisions of section 164(3) of the Code o......ure, a mandatory provision of law It is a settled principle of law that the requirement of adherence to the provisions of section 164(3) of the Code of Criminal Procedure is not a mere matter of form but of substance. Section 164(3) is a mandatory provision of law as has been settled by the Pri......peals. As already observed, the learned trial Judge has also made a statutory reference to the High Court Division for confirmation of the death sentence imposed upon them. 9. The only point for determination in the appeals and the Death Reference in whether the impugned judgment and order date..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....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. ......ioner of Customs Vs. Cab express (ED) Ltd reported in 64 DLR (AD)100 wherein Mr. Justice Md. Fazlul Karim (as his lordship then was) expressed in clear terms: — "It is now established principle of law that since no disputed question of fact need be gone into and that only interpretat......General with Pratikar Chakma, Assistant Attorney-General—For the Respondents Writ Petition No.59 of 2012. Judgment Md. Ashfaqul Islam J. - Let the supplementary-affidavit be formed part of the main application. 2. At the instance of the petitioner, Mohammad Amirul Isla......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
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......of Possession) Ordinance, 1970 (Ordinance 24 of 1970) When a suit is pending between the parties, wherein an order of temporary injunction restraining the Government and its allottee is still in force and the petitioner’s claim of title is backed by a registered deed of conveyance, her posses......property. A Tribunal or Committee constituted under the Orpita Shompatti Protyarpon Ain is the proper forum to address the issue. But here we have to look into the legality of the impugned notice and determination of vested character of the property in question is not an issue before us. 12. Si..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......ifting of the evidence on record or contrary to the evidence on record and that the reasonings given by the High Court Division in affirming those of the trial Court, were not based on sound judicial principle or otherwise fallacious. 54. This suit being a suit for title along with other p......Advocate-on-Record—For the Respondents (In Civil Petition Nos.2199 & 1671-72 of 2011) None represented—For the Respondents (In Civil Petition No.2198 of 2011) Civil Petition for Leave to Appeal No.2199 of 2011. With Civil Petition Nos.1671-1672 and 2198 of 2011.......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
....he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
...... such that the suit is not maintainable and there is no cause of action to file the suit which is barred by limitation and barred by section 42 of the Specific Relief Act, 1877 and also barred by the principle of estoppel, waiver and acquiescence. The further case of the defendants is such that the ......ation; the plaintiffs filed the original suit with a declaration that the impugned order of termination is void, illegal and without jurisdiction and the plaintiffs are still in service with a prayer for mandatory injunction.
3. The contrary case of the defendants in brief is such that the suit......he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
.... 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. ......ndoned properties has been disclosed against the accused-petitioner in the prosecution materials...........…..(25) Whether the Impugned Proceedings should be Quashed- It is a settled principle of law that the disputed question of fact cannot be determined by the Court invoking ......p;……...Opposite Party Judgment November 8, 2012. Result: The Rule is discharged. Under latest Propositions of Law, an Accused cannot remain on Anticipatory Bail for an Unlimited Period- It is now well settled that after submission of the police report, the...... 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. ..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ...... agencies to initiate criminal proceedings against the offenders. In view of the fact that, in the case at land, the victim herself has lodged the F.I.R. before issuance of the instant Rule and the principle accused, i.e., respondent No. 5, who is the Chairman of the concerned Union Parishad and ......tion. Lawyers Involved: Md. Manzill Murshid, Advocate-For the Petitioner. Md. Mokleshur Rahman, Deputy Attorney General -For the Respondent No. 4. Khan Ziaur Rahman, Advocate-for the Respondent Nos. 5 and 8. Writ Petition No.14465 of 2012. Judgment Naima......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....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 ......ed absconded from the very beginning of the case, it appears that the learned Sessions Judge has been influenced for the same in awarding the capital sentence against him which is against the decided principle of law." From the conduct of a person for absconding after commission of the off......d Md. Ziaul Karim J.— This reference under Section 374 of the Code of Criminal Procedure (briefly as the Code) has been made by learned Additional Sessions Judge, Lakshmipur (briefly as Judge), for confirmation of death sentence of condemned-prisoner. 2. By the above appeals the appellant......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)
....of papers whether the petitioner filed any application to get the cargo from CPA, so, how the petitioner said that the CPA refused the delivery of his goods. 43. It also appears from the law and guiding principle of Chittagong port authority that depositing the customs duty and other charges to......s whether the petitioner filed any application to get the cargo from CPA, so, how the petitioner said that the CPA refused the delivery of his goods. 43. It also appears from the law and guiding principle of Chittagong port authority that depositing the customs duty and other charges to the cus...... to have been done without lawful authority and is of no legal effect and as to why the respondents should not be directed to release the said imported duty paid goods. 2. Brief facts, necessary for the disposal of this Rule, are as follows:— The petitioner opened a Letter of Credit ......findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ......nd not directly upon the question before the Court. All extra-judicial expressions of legal opinion are referred to as obiter dictum or obiter dicta. On the other hand, ratio decidendi means the principle or rule of law on which a Court's decision is founded. 22. It may be noted that t...... 10-01-2008 under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004 read with section 15(gha)(5) of the Emergency Power Rules, 2007 and section 109 of the Penal Code, now pending before the learned Special Judge, Court No.8, Dhaka should not be quashed and/or pass such other or fu......ted as binding precedent. Any observation by the Supreme Court even obiter is binding on the High Court. The observation is made by the Appellate Division in the case of Dr. Mohiuddin Khan Alamgir in determination of the dispute and, as such, it is not obiter dictum, but declaration of law and, as s..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....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: ......ord the land with name of opposite party otherwise they are to be stopped from the denying such record of right by recording the R.S. Record in the name of the present defendant-petitioners under the principle of promissory estoppel as provided in the Evidence Act, thus the Rule is liable to be disc......nt and decree dated 31.08.2005 (decree signed on 5.10.2005) passed in Title Suit No.191 of 2005 by the learned Senior Assistant Judge, Dohar Court, Dhaka dismissing the suit. 3. The relevant facts for disposal of this Rule are that the present opposite party as plaintiff, Mrs. Mohsina Rahman alia......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
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
....udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68. ......nd pass any necessary order/s as it deems fit and proper as equitable relief in addition to doing usual “fair and just” adjudication of any matter under ordinary law. It is also a settled principle of law the fraud vitiates any right, whether a legal right or vested right. ....................................Petitioners Vs. Secretary, Ministry of Land and others..........Respondents Judgment October 8, 2012. Result: The Rule is disposed of. Binding force of a court A decree of a competent civil court is binding upon all the authorities of the......udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68. ..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ......e respective parties. 11. Now, the pertinent question arises as to whether the impugned proceeding is liable to be quashed or not. To decide this issue, it will be necessary to see the extent of principles and categories of cases in which High Court Division may invoke its extra-ordinary power ......ture so that the law can adequately serve the purposes and effectively deals with the offences. It should be borne in mind that the substantive justice should not be frustrated or other wise defeated for any technicality in the law.....................(37) The Code of Criminal Procedure, 1898; ......the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 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: 17 BLC (HCD) (2012) 778. ......puted questions can be adjudicated and resolved, which is not possible in a quashing proceeding under section 561A of the Code of Criminal Procedure, where jurisdiction is limited by the settled principles. So, the decision of the Appellate Division as referred to by the learned Advocate of the......pass such other order or orders as to this Court may seem fit and proper. 2. Pending hearing of the rule, all further proceedings of the above mentioned case were stayed. 3. Facts necessary for disposal of the rule are that the accused-petitioner is a Senior Advocate of the Bangladesh Supr......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: 17 BLC (HCD) (2012) 778. ..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ......pon the judgment passed in earlier Writ Petition No. 6891 of 2002 which was apparently made in contravention of Order XXI, rule 83 (3) of the Code of Civil Procedure and also in violation of the principle of natural justice, inasmuch as, the direction was made without affording the Agrani ......judgment and order dated 7-3-2007 passed by the High Court Division in Writ Petition Nos.5590 and 5539 of 2004). Judgment SK Sinha J. - These appeals arise out of the same judgment and therefore they are disposed of by this judgment. Agrani Bank obtained a preliminary decree against w......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
.... 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 ......the court below did not properly disclosed the incriminating evidence against the appellants who are present in dock and faced the trial. Section 342 of the Code of Criminal Procedure is based on the principle involved in the "Maxim audi alteram partem-that is no one should be, condemned unhear......at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ...... 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)
....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. ...... "Accused presumed to be innocent of the charge till guilt is established by legal evidence No particular number of witnesses legally required to prove the offence. The fundamental principle of a criminal trial is that the accused shall be presumed innocent and that he is not requ......ncing him to suffer rigorous imprisonment fourteen years and seven years respectively with a direction to run both the sentences concurrently. 2. The prosecution case as projected in the first information report (briefly as FIR) and unfurled at trial are that on the basis of secret information ......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
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......a show. P.W.5 Asheda categorically proved the same now a pertinent question is involved if there is scope to quash the impugned judgment and order of conviction. 21. It is now a well-established principle of law that quashment under section 561A of the Code of Criminal Procedure is possible in ......(3) Special Court, Dinajpur in Special Court Case No.97 of 1996 should not be quashed or such other or further order or order passed as to this Court might seem fit and proper. 2. Facts relevant for purpose of disposal of the instant Rule, in short, are that on 15-3-1996 informant Asma Khatun (......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ......f the Telecommunication Regulation Guideline and without giving the petitioner scope to defend themselves. ............ (13) Section 6 (3) of the VAT Act, 1991 specifies the time when VAT for the services becomes payable. Since no service has been provided by renewal of license no VAT is......delines where requires and to take necessary decisions etc. in these regard. On the other hand/the power of the Commission/BTRC relating to other matters, i.e. issues relating to spectrum allocation, determination of allocation fees, its management, issuance of required license i.e. Spectrum Assignm..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
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