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Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
.... 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 his lawyer in respect to delivery of his MRP Passport. Howev......rt not only is of great value indeed necessary abroad; it is also an aid in establishing citizenship for purposes of reentry into the United States." At page 1212 he went on to say that the document involved more "in part, of course, the issuance of the passport carries some implicati..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....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 ......o. 1 Md. Alam Khan, who subsequently entered into the contract for sale of the property under the authority of forged power of Attorney on 9-8-2007. The subsequent deed of agreement is not a disputed document in the case, rather the accused-petitioner has admitted that he wanted to purchase the prop..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
....at is to say, the aforesaid section will prevail over section 537…………………………(7) No defect or irregularity in the form of the charge will affect a decision unless failure of justice has been caused……………………………(6) The Code of Criminal Procedure, 1...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....shy;ing of the original criminal case by putting a new number may be an irregularity and technical defect. But for that reasons alone, it should not be quashed preventing the complainant from seeking justice. 8. We have carefully gone through the grounds taken in the application under section 5......mplainant from seeking justice. 8. We have carefully gone through the grounds taken in the application under section 561A of the Code of Criminal Procedure, supplementary affidavits and the documents submitted by the parties. 9. It appears that on receipt of the petition of complaint,..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)
....endant-opposite parties; This tendency of giving relief in a summary manner without hearing the other side(s),is clearly violative of the law declared by this Division and the principles of natural justice as well. Therefore, we find the grievance of Mr. Mahmudul Islam legitimate, Mr. Aktar Imam......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. ..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Bayer Crop Science LimitedVs. The Commissioner of Taxes, 2013, 42 CLC (HCD)
.... January 3, 2013. Result: Both the I.T. References succeeds. The connected Rule being No.30 (Ref:) /2011 is disposed of. When two appeals are filed against the same judgment the ends of justice requires that both the appeals are heard together in order to avoid conflicting decision. Th......ified by Chartered Accountant, without finding any defect in the method of accounting regularly employed by the assessee and without expressing any reason or pin pointing the non-verifiability of any documents submitted by the assessee in support of the expenditure incurred by the assessee discarded..Category: Fiscal/Taxation Law | Date: 3 Jan, 2013 | Hits: 85
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
.... in the name of the petitioner. In view of the above, the direction made by the Company Court while dismissing the petition is uncalled for and the same is liable to be interfered with for ends of justice. Accordingly, the operative part of the impugned judgment directing "to encash the FDR as p......panies Act, 1994 for protection of his interest being a minority share holder against the respondents seeking a direction upon the Registrar, Joint Stock Companies and Firms, Dhaka not to pass any document of the Company Kaptex Ltd. before disposal of the matter. 2. He claimed that the comp..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....urder and with that intention they were following the movements of the deceased......their act of commission of murder was premeditated, cold-blooded and so brutal that they deserve no mercy and justice demands adequate and proper punishment which has been awarded". 21. In the instant......to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
....e impartiality and integrity of a judge or making sarcastic remarks about his judicial competence is also a contempt. Conduct or action causing obstruction or interfering with the course of justice is a contempt, To prejudice the general public against a party to an action before it is hea...... 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
....suit for default for not taking step.
8. From the impugned judgment, it appears that the High Court Division set-aside the judgment and decree of the trial Court invoking the concept of complete justice which is available only to this Division under article 104 of the Constitution of the People......e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible.
Ed.
This Case is also Reported in: 18 BLC (AD) (2013) 104.
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Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
....ning the proportionality of the period of imprisonment comparing (sic) with the amount of fine, hence there are reasonable grounds for reconsidering this issue by this Court for doing complete justice under Article 104 of our Constitution in favour of the petitioner considering his social st...... 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)
.... determining the proportionality of the period of imprisonment comparing(sic) with the amount of fine, hence there are reasonable grounds for reconsidering this issue by this Court for doing complete justice under Article 104 of our Constitution in favour of the petitioner considering his social sta...... 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
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
.........Opposite-Party Judgment December 2, 2012. Result: The Rule is disposed of. When examination of the Magistrate is necessary For the interest of the justice, if the learned judge feels that the examination of the Magistrate is necessary, he should t...... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....dings of the appellant Court and came to the finding that the plaintiffs could not show that there was misreading or non-reading of the material evidence by the appellate Court occasioning failure of justice and, as such, affirmed the judgment of the appellate Court. 14. The findings arrived at......ent December 2, 2012. Result: This civil petition for leave to appeal is dismissed. The SA and RS records are not an evidence of title and a registered document will prevail upon the records of rights and will remain in enforce unless the same is cance..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
.... India expounded the doctrine as under: "The doctrine of promissory estoppel is applicable against the Government also particularly where it is necessary to prevent fraud or manifest injustice. The doctrine, however, cannot be pressed into aid to compel the Government or the public au...... as request of the college authority, the Director (Admin) on behalf of the DG Health Directorate, by its office Memo No.Sha: Adhi:/Prosha.-2/Homio-61/99/6442 dated 13-2-2002 along with relevant documents communicated to the Secretary, Ministry of Health and Family Welfare to create 64 new post..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....er. But misconduct of an Advocate may be defined as any conduct that in any way renders an Advocate unfit for the exercise of his profession, or is likely to hamper or embarrass the administration of justice for which disciplinary action may be initiated................. (23, 28, 29, 31) Status......lement Officer in the objection case without having been enrolled as an Advocate and no power was filed on his behalf in the objection case before the Assistant Settlement Officer but in the relevant documents he wrote the word "Adv" and put his signature thereon. We have already noticed t..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Mohammad Ullah Ashraf Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ......thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....the impugned order, and not staying the proceedings of the case as per provision of section 344 of the Code of Criminal Procedure, learned Special Judge erred in law, causing miscarriage of justice which is liable to be interfered by this Court. 12. Mr. Mahbubey Alam, the learned Atto......ceeding is unwarranted 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) 41 ..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
.... condemned petitioner, no previous criminal record, admitted previous enmity, the fact that he had languished in the condemned cell for more than 8 ½ years, we are of the view that ends of justice will be sufficiently met if the sentence of death is commuted and altered to one of imprison......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)
....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. ......oners. However, on 11-10-2010 by a Telephonic direction of a Deputy Director (CPE), the Upazila Education Officer issued a notice upon the petitioners to attend his office on 19-10-2010 with relevant documents. On that very day, the Deputy Director, CPE came to the office of the Upazila Education of..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
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