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MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)
....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. ......nced 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 interfere with it in any way, even though the lea......p;..Opposite-Parties Judgment November 21, 2012. Result: The application is rejected. Norms and practice It is the norms and practice of the Court that to hear a matter before a Vacation Bench the learned Advocates of the respective parties should be i......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. ..Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ......the mortgaged property in auction, then the right and possession of the mortgaged property will be vested upon the bank. Consequently at the instance of the bank the Adalat rightly by exercising power conferred under section 33(7) of the Ain 2003 passed an order conferring title of the petition......Rahman (Md.).........................Petitioner Vs. Bangladesh and others... .............Respondents Judgment November 20, 2012. Result: The Rule is discharged. Restoration to section 19 for setting-aside the ex-parte decree After passing of the impugned orde......order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
.... 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 ......t of the appellant may be reprehensible but the matter cannot be decided on the ground of mere apprehension for non-appearance. 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 a......he appellant may be reprehensible but the matter cannot be decided on the ground of mere apprehension for non-appearance. 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 appella...... 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 ..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......llate court should be slow and circumspect to disturb a finding of fact but if it is of the opinion that the finding of fact is wrong and not borne out by the evidence/there is no limitation on its power to interfere with the order of acquittal. An accused starts with a presumption of innocence ......t he committed the crime. In criminal cases a confession made by an accused voluntarily is evidence against him of the facts stated. The ground of reception of voluntary confession is usually said to be the presumption that no person will make a statement against his interest unless it is true; ......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
.... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135.......ate court should be slow and circumspect to disturb a finding of fact but if it is of the opinion that the finding of fact is wrong and not borne out by the evidence, there is no limitation on its power to interfere with the order of acquittal. An accused starts with a presumption of innocence w......at he committed the crime. In criminal cases a confession made by an accused voluntarily is evidence against him of the facts stated. The ground of reception of voluntary confession is usually said to be the presumption that no person will make a statement against his interest unless it is true; ...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....reated some false and forged papers showing a fake Shamsul Kabir Humayun Reza as their father and then in collusion with defendant Nos.5-8 filed the false suit as a test case just to harass and cause financial loss to defendant No.3, actual Shamsul Kabir Humayun Reza. 10. Defendant Nos.5-8 (RAJ......on fee and accordingly, he paid the said amount and the suit plot was converted as a commercial plot from residential one. Thereafter, Engineer Shamsul Kabir Humayun Reza of Bara Mogbazar gave a power of attorney to Eastern Housing Limited, a company of Islam group on 21-12-2003 vide No. 1......hellip;……………Respondents (In Civil Petition No.2199 of 2011) Judgment November 12, 2012. Result: The petitions are dismissed. Cases Referred to- Ali Haider Vs. State, 10 DLR (SC) 193; Allah Ditta Vs. State, 11 DLR (SC) 38; Chainchal Sin......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.
......ere the workers of different status and they were posted in different places. They had no common interest as alleged from the side of the petitioners. The defendant-opposite-party No. 1 was legally empowered to issue the order of termination under the purview of law and after compliance of all legal......ra Road, Barisal City, District-Barisal and others……..................Opposite parties
Judgment
November 8, 2012.
Result:
The Rule is discharged.
Cases Referred to-
48 DLR (AD) 63;d 29 DLR (SC) 39; 12 MLR (AD) 248, Kazi Md. Abdul Quddus & another Vs. M......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)
....n Gulshan. Banani, Dhanmondi, Elephant Road, Shantinagar, New Eskatan etc. for the benefit for himself and other accused and sold the same at a less price than the market price thereby causing a huge financial loss amounting to Tk. 127,64,19,059.26 to the public exchequer. Against this backdrop, a c...... Though the name of the accused-petitioner has not been mentioned in the FIR, but his prima facie involvement has been disclosed in the charge-sheet submitted by the investigating officer duly empowered by the commission. On scrutiny of the charge-sheet, the specific allegation of abetment agai......lip;………...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 r...... 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
Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
....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: ......Jeep and that the price of the Jeep was paid by Mr. Mozaffar Hossain, the Senior Cashier of Finance Department of Orion Group, and as such accused Ashraf Hossain has committed offence by misusing his power and the accused, in collusion with each other, have committed offence under sections 420/109 o......ellip;……Petitioner Vs. Md. Obaidul Karim and another................Respondents Judgment November 4, 2012. Result: The leave is granted. Case Referred to- Habibur Rahman Mollah Vs. the State, 62 DLR (AD) 233. Lawyers Involved: Md. Khurs......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: ..Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
....before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ......ed one witness and also produced some documents which were marked exhibits. But the trial court dismissed the suit by the judgment and order dated 23.07.2000 on the observation and finding that the power of attorney dated 17.02.1999 the exhibit-3 purportedly executed by Hirok and Pulok was forge......an Ali J Md. Shamsul Huda J Khan Matarhar and another..........................Petitioners Vs. Nirmalendu Mondal and others......................Respondents Judgment October 18, 2012. Result: The petition is dismissed. Lawyers Involved: Mrs. Sufia......before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....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: ......ection 33, there are 9(nine) sub-sections. Sub-sections (1)-(4) of the section have dealt with the procedure of auction sale of a property in execution of a decree. Sub-section (5) has dealt with the power of the executing Court to give the decree-holder the right to possess and enjoy the property t......uda J Abdur Razzaque Chowdhury and others.......Petitioners (In both cases) Vs. Artha Rin Adalat and others.......................Respondents (In both cases) Judgment October 18, 2012. Result: The leave petitions are dismissed. Case Referred to- Abd......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: ..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
.... defendants making hindrance to the Rickshaw Derivers i.e. the member of the Plaintiff Samity in plying the Rickshaw as a result of which thou-sands of Rickshaw drivers became unemployed caused their financial sufferings. On 7-11-1999 the plaintiff issued notice to the defendants for implementation ......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ....................................Petitioner Vs. Dhaka Metropolitan Rickshaw Samity..........................Opposite Party Judgment October 17, 2012. Result: The rule is made absolute. Lawyers Involved: MA Ba......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....ny lien on his cargo for freight. The retired bank documents and the beneficiary bank establish that the freight was duly received by the beneficiary bank discharging the petitioner importer from any financial liability in respect of the cargo. The foreign judgment demonstrates 'litigation ......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. ...... Kamal J Ibrahim (Md.).......................................Petitioner Vs. Government of the Peoples Republic of Bangladesh & others.......Respondents Judgment October 16, 2012. Result: The Rule is discharged. Lawyers Involved: AF Hasan Ariff......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. ......the notice, otherwise, it is no notice in the eye of law. A notice issued under section 26 of the Act to a detenu, away from his hearth and home, cannot be said to be a fair and bona fide exercise of power." 20. By referring to Article 111 of the Constitution of the People's Republic o......ain..........Petitioner Vs. State and another…………………………………...Opposite-Parties Judgment October 16, 2012. Result: The Rule is discharged. Cases Referred to- Anti-Corrupti...... 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. ..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
.... question. Alongside, having considered the contents of the said Board resolution alongwith 4(four) Complaint Petitions, it is apparent that the petitioner was released from his office for committing financial misdeeds, but he has been continuing as a director as is evident from Form XII, dated 15-1......mpany being registered on 8-5-2008 the tenure of 5 years will be expired on 7-5-2013. As such the board resolution dated 6-10-2011, whereby the petitioner has been removed, is totally ultra vires the power of respondent and the questioned resolution is liable to be cancelled as per provisions of cla......by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ......No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....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. ...................Plaintiff-Petitioner Vs. Md. Numl Haque & others........Opposite-Parties Judgment October 11, 2012. Result: The Rule is discharged. The revisional power of the High Court Division is a supervisory power which may also be exercised suo motu. S......n) Present: Md. Abu Zafor Siddique J Entaj Ali (Md.).......................Plaintiff-Petitioner Vs. Md. Numl Haque & others........Opposite-Parties Judgment October 11, 2012. Result: The Rule is discharged. The revisional power of the High Cour......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. ..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
.... material allegations made in the writ petition stating that the work order dated 18.06.2002 was not issued and the construction work was not carried out under the Annual Development Programme of the financial year 2002-2003. It is further stated that the work on the project would be taken up for im......llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ......ed Mahmud Hossain J Muhammad Imman Ali J Bangladesh and others.........................Appellants Vs. M/S. Sanker Kumar Das.......................Respondent Judgment October 10, 2012. Result: The appeal is dismissed. Lawyers Involved: Abdus Salam M......llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ..Category: Others | Date: 10 Oct, 2012 | Hits: 144
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. ...... the substantive justice should not be frustrated or other wise defeated for any technicality in the law.....................(37) The Code of Criminal Procedure, 1898; Section 561A Inherent power The inherent power under section 561A of the Code of Criminal Procedure can be invoked at......am Talukder J Engineer Afsaruddin Ahmed and others...................Petitioner Vs. State and another..............................................Opposite-Parties Judgment October 8, 2012. Result: The Rules are discharged. Legislative import and intent o......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. ...... the notice, otherwise, it is no notice in the eve of law. A notice issued under section 26 of the Act to a detenu, away from his hearth and home, cannot be said to be a fair and bonafide exercise of power," 15. It transpires that Dr. Mohiuddin khan Alamgir preferred appeal against the jud......ip;……Petitioner Vs. Anti-Corruption Commission and another…………………………Opposite-Parties Judgment October 7, 2012. Result: The Rule is discharged. Cases Referred to- Anti-Corrupti......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. ......f Ragib Ali. 4. It is argued on behalf of the Agrani Bank that the bar imposed in sub-rule (3) of rule 83 of Order XXI denudes the jurisdiction of the Court or in the alternative, takes away the power of the Court to issue certificate to the judgment debtor for private sale of mortgaged-propert...... Muhammad Imman Ali J Md. Shamsul Huda J Agrani Bank.......................Appellant Vs. Anwarul Bashir Khan and others…........Respondents Judgment October 3, 2012. Result: The appeals are disposed of with observations. Lawyers I......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
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