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Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....rit-respondents having known about the fate of their status on completion of the project and their service being contractual in nature, continuation of their service in the project did not create any right in their favour to be absorbed in the revenue budget of the DCC. He further submits that DCC b......romise given on behalf of a public authority or from the existence of regular practice which the claimant can reasonably expect to continue. Vide Council of Civil Service Union Vs. Minister for the Civil Service 1985 AC 374……………………&he......hout an interview, there was no legitimate expectation of an interview in 1988 as the circumstances then were quite different. (vii) Legitimate expectations are enforced in order to achieve fairness. Thus where it was argued that a previous practice of giving an oral hearing gave rise to a......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......issed. Condemned-prisoner spent about 4 years in the condemned cell, and 13 years have elapsed since the judgment of the High Court Division, which commuted her sentence of death to imprisonment for life....... (17) Lawyers Involved: Momtazuddin Fakir, Additional Att......igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ...... started. 4. The police after investigation submitted Charge-sheet No.9 dated 26-1-1995 under sections 302/381/411 of the Penal Code against the lone accused-person, Romana Begum. 5. During trial the case record was transferred to the Court of Additional Sessions Judge. fifth Court, D..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
....2 to defendant No.3 who is in possession of the suit land. The plaintiff previously instituted two suits against the defendants, and having lost those has filed the instant suit. The plaintiff has no right, title, interest and possession in the suit property and there was no cause of action to file ....... Result: The petition is dismissed. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record-For the Petitioner Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1030 of 2009 (From the judgment and order dated 13th January, 2009 p...... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......n to file the suit and the suit was not maintainable in its present form and manner. Hence, the suit was liable to be dismissed. 4. The trial Court upon consideration of the evidence on record dismissed the suit by the judgment and decr..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ...... of 2004. With Criminal Miscellaneous Case No.6339 of 2004 And Criminal Miscellaneous Case No.3987 of 2004. Judgment KM Kamrul Kader J. - The supplementary affidavits do form part of these applications. 2. These Rules were issued in the above numbered criminal Misc......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ......ments. It was purchased despite not being qualified to consider as a Frigate for lack of equipments and other facilities and the unproven design. The Frigate was brought to Bangladesh without any sea trial before the due date. The then Prime Minister signed the purchase proposal which received on 01..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....here on either side there are promises to be performed and the promises are so related to each other, performance of one is dependant on another, it is said to be condition precedent to the right of action on the reciprocal promise. In elaborating his submission, the learned counsel a......shid and others......................Respondents Judgment February 20, 2013. Result: The appeal is dismissed with modification of the judgment. Cases Referred to- Oxford Vs. Provand, LR 2 PC 135; F Edridge Vs. RD Sethna, 60 IA 368; Jamshed Khodaram Irani Vs. Burjor......ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......nce of contract for sale of immovable property, which includes a house and a shop, who has obtained leave from this, Division from a judgment of the High Court Division which has affirmed that of the trial Court. 2. Respondent No.1 instituted the suit claiming that he entered into a..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....espite the same has already been reappeared long before. Being inspired by the said wrong record the Tahashilder of the defendant government of Bangladesh on 15-11-2005 claimed the suit disowning the right, title and interest of the plaintiffs. Hence the plaintiffs filed the original suit for declar......nephew Chandra Kanta Sajwal. On the death of CS recorded tenant Goalak Bashi and Mohon Bashi their total shares devolved upon their nephews in absence of their sons and daughters in equal share. The aforesaid nephews are one Rajani Kanta and Jogendra Nath, who is the plaintiff No.5 of the suit; Duri......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. ......d are not identical with that of the suit plots. Apart from this, under Order XLI, rule 23 of the Code of Civil Procedure the defendant cannot get any opportunity for remanding the case record to the trial Court for preemptory hearing since as a matter of right remand cannot be allowed to fill ..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. ...... in the instant proceeding....... (7) Section 32, Anti Corruption Commission Act, 2004 According to section 32 of Anti-Corruption Commission Act, 2004 sanction is mandatory to be obtained before submission of police report to the Court concerned for taking cognizance.......(8) Section......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. ......ats and recorded statement of witnesses and after completion of his investigation, he submitted charge-sheet against the accused-petitioner on 4-11-2009 and the said police report was accepted by the trial Court 22-11-2009. After taking cognizance in the Special Case No.3 of 2009, the learned Senior..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... trial of the case in accordance with 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) 156 ......ugned proceedings of Special Case No. 22 of 2007 arising out of Dhan-mondi Police Station Case No.71 dated 19-9-1998 under section 4(2) of the Anti-Corruption Commission Act, 1957, now pending before the Court of learned Metropolitan Senior Special Judge, Dhaka should not be quashed and/or pass...... trial of the case in accordance with 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) 156 ......957. 6. Following the submission of the charge-sheet, the learned Chief Judicial Magistrate, Dhaka sent the record of the case to the Court of Metropolitan Special Tribunal No. 1, Dhaka for trial. On receiving the record of the case, on 2-7-2000, Metropolitan Special Tribunal No. 1, Dhaka ..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ......llip;……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 assets......case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ......ity 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 assets, even if any, at the time of trial as required under section 27(1) of the Anti-Corruption Commission Act, 2004. Prosecution must ..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....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. ......LD (AD), 196 = 46 DLR (AD) 174, Kalepada Shaha Vs. State, 37 DLR (AD) 135;Delowar Ali Khan Vs. Sajadul Hague, 38 DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram, AIR 1965 (SC); Directorate of Enforcement Vs. Dipok Mahajon, (1994), 3(SCC) 440; State (Union of India) Vs. Ram Saran,(2003) 12 SCC ......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. ......rom one Begum Khadija Islam, Chairman of Nirman Construction, with assurance that an work order would be awarded to her for construction of an 80(eighty) MW capacity power station in Tongi BSCIC Industrial Area through his close friend and business partner Tarique Rahman and being induced by such as..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)
....s mother was cremated in the suit cremation ground. The High Court Division also repelled the contention that mere cremation of P.W.1's mother in the suit cremation ground would not confer him any right to perform 'Shashan Kalipuja' since he was not a believer of the said rites as under: ...... Lawyers Involved: S. N. Goswami, Advocate, instructed by Mr. Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No.927 of 2009. Judgment Syed Mahmud Hossain J. - This civil petiti......ation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339. ......wami, learned Advocate, appearing on behalf of the leave-petitioner, submits that instead of going through the prayer of the plaint of the suit, the High Court Division affirmed the judgment of the trial Court without coming to a finding whether any person of the Hindu community has no locus sta..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
.... appearing on behalf of the petitioner while Ms. Amatul Karim with Mr. Swarup Kanti Dep, learned Assistant Attorney-Generals appearing on behalf of the respondents. 4. Mr. Uddin submits that the right to travel outside Bangladesh and return to Bangladesh is part of personal liberty guaranteed u......der or further order or orders as to this court may seem fit and proper". 2. The averments of the petitioner are as follows:— The petitioner being a citizen of Bangladesh applied for a Machine Readable Passport (hereinafter referred to as "MRP Passport") to the office ......ove mentioned citations that the action of refuse to issue a passport must be based on law. We are of the view that passport must be treated as falling within the prerogative domain of foreign affairs, and, the authority which grant passport or withhold them must possess considerable freed......noticed in Annexure-1 to the affidavit-in-opposition wherein it appears that out of there cases, police submitted charge-sheet in Ramna PS case No.19(9)92 dated 4-9-1992 which now is pending for trial and police submitted final report rest of two criminal cases respectively. 8. In reply to..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 ......other order passed as to this Court may seem fit and proper. 2. At the time issuance of the Rule, all further proceedings of the above mentioned case in respect of accused-petitioner were stayed for a period of 6(six) months which has been subsequently extended from time to time. 3. R......timately treated as FIR. It was alleged by the informant that the schedule property was a purchased land of the informant and his brother Gias Uddin. The informant-owner was busy with business affairs and his brother Gias Uddin used to reside abroad in most of time. The complainant came to know......ned at the time of framing charge. As such, the Appellate Division has taken 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 fr..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
....-in-reply, it appears that the plaintiff Bondhu Gopal Das prayed for injunction against holding AGM on 5-8-2011. In the meantime, 5-8-2011 having been expired the said suit has become infructuous, as rightly pointed out of the learned Advocate for the petitioner. I also find substance in the submiss......ny Ltd and others..............Respondents Judgment January 9, 2013. Result: The petition is allowed with the direction. Lawyers Involved: Kamal-ul-Aiam, Senior Advocate for Mohammad Hossain, Advocate-For the Petitioner. AM Amiuddin Advocate with Yousuf Khan Rajib,......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. ...... another Title Suit No.166 of 2011 praying for injunction against holding the adjourned meeting on 5-8-2011 and obtained an order of injunction. The order of injunction was rejected on contest by the trial court on 9-5-2012. Then referring to the affidavit-in-opposition the learned Advocate for the ..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
.... 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. ......is allowed. Framing of charge in a criminal trial The object of framing charge in a criminal trial is to enable the accused to have a clear idea of what he is being tried for and of the essential facts that he has to meet or in the alternative, to warn the accused of th...... he may be given opportunity of explaining them. The examination of an accused under this provision is not intended to be an idle formality; it has to be carried out in the interest of justice and fair play to the accused. In the case in hand the trial court treated the examination as one of mer......pellants Vs. The State..........................Respondent Judgment January 9, 2013. Result: The appeal is allowed. Framing of charge in a criminal trial The object of framing charge in a criminal trial is to enable the accused to have a cl..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....law. Though initially cognizance was taken under both of these sections of 2 different categories of law on 14-6-2005, the offence under section 406 of the Penal Code was finally excluded in the right direction at the time framing charge of the first instance. When the order of framing charge u......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 been subsequently extended from time to time. 3. Rel...... 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 ...... and also under section 406 of the Penal Code together after recording the initial statement of the complainant under section 200 of the Code of Criminal Procedure. At the time of hearing charge, the trial Court at first framed charge under section 138 of the Negotiable Instruments Act by excluding ..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Anti-Corruption Commission Vs. Md. Bayazid & others, 2013, 42 CLC (AD)
....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. ......ship between parent law with subordinated legislation When there is conflict between the parent Law and this Rule, the Law will prevail over the Rules. Rules made under a statute must be treated for all purposes of construction or obligations exactly as if they were in the Act and are to b......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. ......ating agency eventually submitted a police report recommending for prosecution of the respondent on 13th January, 2009. The case record was eventually sent to the Senior Special Judge, Mymensingh for trial. The Special Judge who got the case for trial subsequently on rejecting the respondent..Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....rence took place inside the 'bedroom of the petitioner where he brutally killed the victim who was his wife. He further submits that in the facts and circumstances of the case, the petitioner was rightly sentenced to death by the trial Court and the reference was accepted by the High Court Divis......t Judgment December 6, 2012. Result: The Jail Petition is dismissed. In general the length of period spent by a convict in the condemned cell is not necessarily a ground for commutation of the sentence of death. However, where the period spent in the condemned cell......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. ......Case No.2 of 2003. 5. Charge was framed under section 302 of the Penal Code against the accused and read over and explained to him, to which he pleaded not guilty and claimed to be tried. During trial the prosecution examined as many as 9 (nine) P.Ws. who were cross-examined by the defence, but..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
....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.
......pondents (In Civil Petition No.928 of 2009).
Md. Nurul Amin, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondents (In Civil Petition No.1041 of 2009).
Civil Petition for Leave to Appeal No.928 of with No.1041 of 2009.
(From the judgment and order dated the 19th......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.
......e in the civil revision was discharged on 3-8-2003 with the direction to proceed with the suit expeditiously. After disposal of the said civil revision, the plaintiffs filed an application before the trial Court on 16-9-2003 annexing the certified copy of the judgment and order dated 3-8-2003 passed..
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
.... 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. ......te Division in 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 ...... 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. ......re disposed of by this judgment. 2. Facts necessary for disposal of these review petitions are as follows: The convict-petitioner (hereinafter referred to as the petitioner) was put on trial before the Joint Metropolitan Sessions Judge, Fifth Court, Dhaka in Metropolitan Sessions Cas..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10
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