Search Options
Judgment Advanced Search
Displaying 161-180 of 3784 results.
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
....lies in the MBBS and BDS admission test held on 30-9-2011. On 11-10-2011, a demand justice notice was served upon writ-respondent No.3 outlining the errors and anomalies to which he did not make any reply; hence the writ petition was filed. 5. In the writ petition, contentions were raised ...... 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. ......-petitioners were not personally aggrieved persons and the issues involved in the writ petitions also involved disputed question of facts adjudication of which could not be embarked upon in a summary proceeding under article 102 of the Constitution; the High Court Division erred in law in makin..Category: Others | Date: 22 Nov, 2012 | Hits: 20
MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)
.... officio The moment a judgment is pronounced and signed by the learned judges in a criminal case, the Division pronouncing the judgment becomes functus officio. Neither the pronouncing bench nor any bench of the High Court Division has any power to revise, override or alter the decision or inte......conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ......others. While the said case was under investigation the present petitioner by filing an application under section 561A of the Code of Criminal Procedure obtained the above mentioned Rule to quash the proceeding of the Case. A Division Bench during vacation heard the said Rule and was pleased to disc..Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ion was held on 16-7-2008 but no bidder participated in the auction. Thereafter, another auction notice under section 33(4) of the Ain was given and auction held on 3-9-2008 being not participated by any bidder. On 12-11-2008 respondent-bank preferred an application praying for issuing warrant of ar......der section 33(9) of the Ain was disposed of. It has been stated further that the last date of the case was on 30-11-2009 and 10-10-2010 was fixed for signature of the certificate. It is at this stage the petitioner moved this Division and obtained the present Rule. 3. Mr. Md. Sohel Rana, ......magination for less under Article 102 of the Constitution. His submission is that the law is settled that either under section 33(5) or 33(7) of Ain for any certificate has been issued, the Execution proceeding as per section 33(9) of Ain has been finally disposed of. The petitioner could have raise..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
.... as to the voluntariness of the confession. In so doing, he must put questions to the accused with a view to finding out the real object of the confession, whether it is made out of repentance or for any other such good reason or whether it is the result of torture or tutoring by some body or whethe......re not spelt out in detail to them and, as such, they have been gravely prejudiced thereby and given this scenario, an order may be passed for remanding the case to the trial Court for fresh from the stage of examination of the accused under section 342 of the Code of Criminal Procedure. In support ......nvalid in the eye of law? It is a settled principle of law that the powers and functions of both the trial Court and the Appellate Court are one the same. The appeal is a continuation of the original proceeding. This being the legal position, this Court, as the last Court of facts, can arrive at suc..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....rance. Order XLI, rule 19 of the Code of Civil Procedure gives ample power to the appellate Court to re-admit the appeal if the Court is satisfied that the appellant was prevented by any sufficient cause from appearing before the Court when that appeal was called on for hearin...... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ...... materials on record submits that the instant first miscellaneous appeal is not maintainable inasmuch as, the same arises from an order disallowing the Miscellaneous case for restoration of proceeding under section 96 of the State Acquisition and Tenancy Act, 1950 being Miscellaneous (Pre&..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
.... Kazi Mahbub-uddin Ahmed..........Respondent Judgment November 14, 2012. Result: The appeal is dismissed. Confession A confession is an admission made at any time by a person charged with a crime, stating or suggesting the inference, that he committed t......On the other hand, it is a material circumstance to lessen the weight of this defence if it be not resorted to until sometime after the charge has been made. An alibi, not set up at the earliest stage, is, in most cases, unconvincing, in proving the plea of alibi, the accused need not be requi......pation in the act. The credibility of an alibi is greatly strengthened, if it be set up at the moment when the accusation is first made, and be consistently maintained throughout the subsequent proceedings. On the other hand, it is a material circumstance to lessen the weight of this defence ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
.......................Respondent Judgment November 14, 2012. Result: The appeal is dismissed. Confession and second confession A confession is an admission made at any time by a person charged with a crime, stating, or suggesting the inference, that he committed......s. On the other hand, it is a material circumstance to lessen the weight of this defence if it be not resorted to until sometime after the charge has been made. An alibi, not set up at the earliest stage, is, in most cases, unconvincing, in proving the plea of alibi, the accused need not be requ......icipation in the act. The credibility of an alibi is greatly strengthened, if it be set up at the moment when the accusation is first made, and be consistently maintained throughout the subsequent proceedings. On the other hand, it is a material circumstance to lessen the weight of this defence ..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
.... India. Engineer Shamsul Kabir Humayun Reza of 157, Bara Mogbazar, after passing engineering from Calcutta University in 1950 worked as site Engineer for 2(two) years under Messrs Bridge and Roof Company, India and then migrated to Dhaka and joined C&B Department in 1951 as an Assistant Engineer......fendant. Accordingly on the application of adoption of each party, the deposition of defendant in the other suit with the consent of all the parties. So, the consented party now at the appellate stage cannot raise the question of validity or legality of adoption. Moreover section 33 of evidence......tle Suit No.81 of 2006. In the written statement additional facts stated were that the plaintiff by posing himself as Engineer Shamsul Kabir Humayun Reza filed the suit to grab the suit plot. So proceeding should be drawn against him under section 476(1) of the Code of Criminal Procedure for fi..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....the Code of Criminal Procedure arising out of revisional application to set-aside the impugned order of framing charge against the accused-petitioner. It is only necessary to examine whether there is any illegality in the impugned order of framing charge against the accused-petitioner under section ......ime and, as such, it was a premature case. Next he submits that previously the accused-petitioner tried to make payment of the cheque amount, but the complainant did not accept the offer. Now, at the stage of hearing the revisional application, the complainant opposite party agreed to make amicable ......;charge of the accused-petitioner, should not be set-aside or 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 aforesaid Sessions Case No.118 of 2010 pending in the Second Court, Joint Session..Category: Others | Date: 11 Nov, 2012 | Hits: 8
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
.... the bid money to the tune of Tk. 2, 69,17 lakh quoted by the petitioner was higher than the minimum price fixed by the price evaluation committee and in that view of the matter, it cannot be said by any stretch of imagination that the petitioner influenced the tender process in collaboration w......harged-sheeted and his involvement in this case is a matter of evidence and trial and in view of the above facts and circumstances of the case, the prosecution case should not be quashed at this stage unless an opportunity of adducing evidence to prove the charge of abetment against the accused......proved either by oral and documentary evidence or by circumstantial evidence. Under the circumstances, we have no hesitation in holding that there is no ingredients of quashing the impugned proceedings in the instant case as the prosecution materials indicate prima-facie offence of abetmen..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....spondent Nos. 4-8, appears to be heinous in nature and, therefore, respondent No. 4 ought to have registered the case under the relevant provisions of the Nari-0-Shishu Nirjatan Daman Ain or under any other rigorous provision of the Penal Code aiming at securing exemplary punishment to the offen......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: ......hed in the “Daily Ittefaq” on 20.10.2012. He submits that usually the Constitutional Courts intervene in these types of matter in order to oblige the law enforcing agencies to initiate criminal proceedings against the offenders. In view of the fact that, in the case at land, the victim hersel..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....the impugned order and the second one is against the publication of auction notices in one local daily Ajker Bhola on 20-4-2011 and in the Daily Nayadiganta on 22-4-2011 sought to be declared without any lawful authority and is of no legal effect. 3. None appears for the petitioner though the m......o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ......ting the impugned order to be a justified one. In elaborating his submissions that learned Advocate brought to our notice in particular that the petitioner has been trying to delay the Execution proceeding and therefore, made an application for selling the mortgaged property in a priv..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
....o know, from a reliable source, that one Jeep was kept in the custody of one Md. Abdus Salam, son of late Hasen, of Building No.A/P.11, at 11/R Top Kalabagan, Green Road Staff Quarter, Dhaka, without any legal document and that he was trying to sell the said Jeep; that they then proceeded immediatel......ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......he judgment and order dated 25.09.2012 passed by a Division Bench (Vacation Bench) of the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 making the Rule absolute and quashing the proceedings of Special Case No.30 of 2007 arising out of Metropolitan Special Case No.150 of 2007 or..Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
.... was found in the canal. He found the dead-body lying beside the canal. He was working in the paddy field of Moru Bhuiyan for whole day on the date of occurrence. On the same day accused did not tell anything to him. He made statement before the Magistrate. In cross-examination he stated that I......th Char RamaniMohon at 8.30 a.m. he refused to work as he felt sick. Meanwhile Ibrahim, Karim and Yusuf crossed the beri canal, Accused Moru Bhuiyan locked into an altercation with the victim. At one stage the accused kicked him into the canal, then the accused caused him drowned to death by strangu......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
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....e same date (16.02.2006) allowed the judgment-debtors to pay the decretal amount in 4(four) installments, the date of last installment being 25.01.2007, on the condition that in default of payment of any installment, the entire decretal amount shall be payable and in that case, the execution case sh......interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ...... that the provision of section 34(9) of the Ain, 2003 “does not invite any auction sale rather it invites an issuance of the process of auction sale by the court concerned which is found in the proceeding because the step of publication of notice under section 33(4) has been taken which means ..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
.... charges has complete ownership over the goods and the respondent No.7 as an instrumentality of the Customs Authority and Port Authority resultantly has no legal competency to withhold delivery under any plea. He also submits that respondent No.5 (bank) already certified that money has been tra......tive Main Line Operator (MLO). 39. In this regard, Regulations For Working Of Chittagong Port (CARGO AND CONTAINER), 2001 runs as follows: 2. The documentary formalities involved during the stages from the arrival of the containers till the delivery. The documentary formalities for th......ispute pending before the Australian Court amongst the supplier/shipper, Australian Commodity Management (Pvt) Limited and Gilgandra Marketing Cooperative Limited and during pendency of the said proceeding of the Australian Court the goods cannot be delivered. 4. Mr. Ariff further submits ..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... his records and after consultation with his lawyers and other concerned persons, section 26 certainly does not envisage a notice upon a person who is in detention and he is not expected to give any details of his assets within the time specified. The person concerned must be afforded a fa...... purview of section 561A of the Code of Criminal Procedure for the purpose of quashing a proceeding, one of the following conditions must be fulfilled:— (1) Interference even at an initial stage may be justified where the facts are so preposterous .that even on admitted facts no case stan......- On an application under section 561A of the Code of Criminal Procedure filed by the accused-petitioner, a Rule was issued calling upon the opposite-parties to show cause as to why the impugned proceedings of Special Case No.16 of 2008 arising out of ACC GR Case No.12 of 2008 corresponding to ..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)
....at the present plaintiff-opposite party has failed to prove that the original vendor Ahsan Ullah Bhuiyan sold the property to the predecessor of the present plaintiff-opposite party without providing any document as to the C.S. Recorded tenant, as such, the predecessor of present plaintiff-opposite ......rocedure of 1908. Order XXVI rule 14(12) Since the Advocate Commissioner did not depose before the trial court nor the Court called him as witness his report was not admitted in evidence. In that stage of the matter, the High Court Division was not justified in relying on the same and reversing ......and thereby reversed the findings of the trial court by committing an error of law resulting in an error in the decision occasioning failure of justice. 10. He further submits that in the present proceeding of the suit the learned trial court passed the order No.14 dated 21.05.2005 appointing an..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
.... the materials on records. In such circumstances, my view that justice would be done if a direction be given upon the Court below to disposed of the suit expeditiously as possible. 12. I do find any merit in this Rule. 13. In the result, the Rule is discharged without any order as to costs......hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ...... before this Court (Rangpur Session) in the year of 1987 being Civil Revision No.55 of 1987 and the Rule was issued on 15-2-1987 upon the opposite-parties and pending hearing of the Rule, all further proceeding of Title Suit No.17 of 1985 and Miscellaneous Case No.24 of 1986 of the Court of Munsif, ..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
....gal. ....................... (5) Social justice In order to ensure social justice as enshrined in Article 10 of the constitution, a constitutional court is empowered to grant and pass any necessary order/s as it deems fit and proper as equitable relief in addition to doing usual &ldq......ারী জজ আদালত” (after deleting the word নারায়নগঞ্জ ৪র্থ has been inserted). Question may be raised by the petitioners as to whether at this stage this Court is competent to look into the fact of committing forgery or practicing fraud upon c......ciple of law that fraud vitiates any fights, whether a legal right or vested right. 9. Given the circumstances, the learned District Judge, Narayanganj is hereby directed to investigate into the proceedings of Title Suit No.84 of 1969 and Title Appeal No.46 of 1988 with the aim of revealing the..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
87018902882888079394867286088747882593918625910875539617776488508610777688048767