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Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)

....Dubai and he was in Dubai about 5 years and he came back in the year 1992 and while returning from Dubai, he brought one Sony TV, VCP and other valuable worth about Tk.1.5. lacs and he purchased some agricultural land and started showing Film business through TV by VCP, On 21-9-1996 after show those......ghbours of the place of occurrence was examined by the prosecution? Though, some of the witnesses were shown as neighbour in the charge-sheet but those witnesses were withheld by the prosecution. Withholding of prosecution witnesses deems that if they would have been examined they would not have sup..

Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9

Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)

....s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ......t there is a 4(four) storied pucca building in possession of the plaintiffs. The names of the plaintiffs were duly recorded and mutated in Dhaka City Corporation and the plaintiffs have been allotted holding No.16/1/A, Rankin Street, Dhaka and the plaintiffs have been paying holding taxes to the Dha..

Category: Property Law | Date: 25 Jul, 2012 | Hits: 10

AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......e Hon'ble Speaker has virtually assumed the power and functions of the Supreme Judicial Council because only the Supreme Judicial Council is constitutionally authorized to make such observation after holding an inquiry and on due compliance of the other provisions. As the guardian of the Constitutio..

Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236

A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)

.... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ......December, 2008 to have been issued without lawful authority and is of no legal effect. The petitioners also sought a direction upon writ-respondent No.3 to recall/cancel the said notification and for holding election of the Federation in accordance with its constitution. The writ-petitioners also so..

Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147

Md. Mozaffor Hossen and another Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......7(in short, the Rules) he further submits that the learned Special Judge, Rangpur vide order dated 26.08.2007 had stopped proceedings of the instant case and had sent the record to the Commission for holding investigation, which is barred by law for the stipulated period of 45 days and additional 15..

Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23

Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)

....nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33.  ......list or any Gazette notification, it cannot be said that the writ petitioner has any alternative remedy under Ordinance No.LIV of 1985. In view of the above, the High Court Division is justified in holding that the writ petition is maintainable. 6. Mr. Abdur Rob Chowdhury, learned counsel f..

Category: Property Law | Date: 17 Jul, 2012 | Hits: 8

Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)

....e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......ttee of five members with defendant No.1as president and defendant No.2 as gener­al secretary. The formation of the said commit­tee without election was illegal. The said illegal committee by holding a farce election on 28-11-1992 formed an Executive Committee, wherein the defendant No.1was ..

Category: Others | Date: 15 Jul, 2012 | Hits: 6

Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)

.... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ......d. 4. Let us quote the relevant portion of the judgment of the Appellate Division reported in 20 BLT. It is held that:— "As it appears the High Court Division discharged the Rule holding that admitted­ly the earlier suit was filed within time in a court of competent jurisdic..

Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18

City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)

....xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......eard the parties passed his order dated 21-11-2011 disissing the appeal being appeal No. 349 of 2011 affirm­ing the order passed by the respondent No. 2 rejecting the prayer for addition of party holding inter alia that the petitioner bank does not have any locus standi to be added as party rela..

Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2

Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)

....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......r which stevedoring firms were granted license to operate at CP. 5. Regulation 2(84) of the Regulations, 2001 (before the impugned amendment) has defined the word “Stevedore” as a person holding a valid license issued by the licensing authority (i.e., the respondent No.1) for supplying..

Category: Others | Date: 21 Jun, 2012 | Hits: 20

Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)

.... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ......time of trial as provided in section 30 of the Evidence Act. In the case reported in 39 DLR (AD) 195: Nawsher Sarder Vs. State, while hearing an appeal, from the judgment of the High Court Division upholding conviction under section 302/34 of the Penal Code and confirming death sentence the Appellat..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10

Government of the People’s Republic of Bangladesh Vs. Orex Network Limited and others, 2012, 41 CLC (AD)

....al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs. Ed. This Case is also Reported in: ......ule absolute. VIII. Serious disputed question of facts being involved and collusion with the government staff being apparent in manufacturing papers, the High Court Division erred in law in not holding that neither the Government is bound by the illegal acts of its officials, nor the abandoned..

Category: Property Law | Date: 20 Jun, 2012 | Hits: 94

Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)

....ended till 30th July,2012 or till publication of the election result in the offi­cial Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70.  ......le 25 provides that the roll shall be made in order of seniority. The roll of Advocates prepared and maintained in accor­dance with the provisions of PO No. 46 of 1972 shall be the sole basis for holding the election of the Bar Council but on scrutiny, the list of vot­ers published by the Ba..

Category: Others | Date: 18 Jun, 2012 | Hits: 7

Government of Bangladesh and others Vs. Md. Mizanur Rahman (Mizan), 2012, 41 CLC (AD)

.... limitation holding that no specific reason was stated." Preparation of the paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 846. ......ore it were clearly explained in the application where neither the authority nor the learned Penal Advocate had any negligence and thus erred in law in rejecting the appeal as barred by limitation holding that no specific reason was stated." Preparation of the paper book is dis­pensed ..

Category: Limitation Law | Date: 17 Jun, 2012 | Hits: 9

AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)

.... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ......nitiation of Civil Appeal No.283 of 2010. 9. Mr. Abdul Wadud Bhuiyan, learned Senior Advocate, appearing on behalf of the appellants, submits that the High Court Division committed illegality in holding that there is no scope for obtaining the opinion of the handwriting expert at the appellate ..

Category: Property Law | Date: 13 Jun, 2012 | Hits: 27

Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)

....ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ......re the revision filed by the petitioner cannot be treated as a revision within the meaning of sec­tion 7A of the Ordinance. 13. The Administrative Appellate Tribunal was, of course, wrong in holding that the petitioner was required to file the case before the Administra­tive Tribunal wi..

Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390

Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)

....ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ......er of dismissal as per regulation 59 of the Regulations 1979 before filing the writ petition and as such the writ petition was not main­tainable, (ii) The High Court Division commit­ted error in holding that the impugned letter of dismissal was issued in undue haste after the pronouncement of t..

Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388

Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

....istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241   ......ars expired prior to promulgation of new Act, 2003." 19. Similar, view was taken by the High Court Division by an unreported Judgment dated 18-3-2012 passed in writ petition No.3046 of 2005 holding as under:— It is evident from the materials on record that the Artha Rin Suit was..

Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4

Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)

....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......death, it is homicide; but, if the injury was not mortal and death was due to other supervening causes, as such, gangrene or fever brought about by bad treatment, then the court would be justified in holding that, death was not due to the injury as its "causa causans " (1 Hale PC 428). ..

Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30

Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)

.... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ...... the question of granting compensation to the victim of the lawlessness of the State was left open. The Supreme Court of India in Veena Sethi Vs. State of Bihar (1982) 2 SCC 583 echoed the same views holding that the question of compen­sation would still remain open. From the above discussions i..

Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5