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Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....893281 with Nat West Bank, Aldwych Branch, London illegally deposited œ 2,08,568.65 and œ 2,43,750.43 equivalent to in total a sum of Tk. 6,01,57,762 in these two accounts; the accused-persons in collusion with each other having earned directly by illegal means an amount of Tk. 20,41,25,......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......upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: M Enayetur Rahim J Giasuddin-al-Mamun ....................Accused-petitioner Vs. State and another……………...........Opposite-parties Judgment Ja..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)
....ent operation, the villagers of Gandina Hindu Community established a temple and set up the image of Sree Sree Shashan Kalimata and had been performing religious rites. During settlement operation, some lands were recorded in the name of ex-landlord but in the remark column "Kodaldoha Kalibari b......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......ellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Paresh Chandra Biswas……………………..Petitioner Vs. Shree Shree Shashan Kalimata Idol an..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....hellip;……Petitioner Vs. Govemment of Bangladesh and others…………Respondents Judgment January 10, 2013. Result: The Rule is made absolute. Cases Referred to- Shapiro Vs. Thompson, (1969) 394 US 618; Ebrahim Vazir Vs. Bomb......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......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......dique J ABM Altaf Hossain J Mir Sharafat Ali………………………………Petitioner Vs. Govemment of Bangladesh and others…………Respondents Judgment January 10, 2013. Resu..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....ellip;………………………………….Opposite-party Judgment January 10, 2013. Result: The Rule is made absolute. Cases Referred to- Khizir Haider Vs. State, 73 MLR (AD) 157;13 MLR (AD) 157; Abdul......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 ......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...... in the Court of Chief Metropolitan Magistrate, Chittagong so far it relates to the accused-petitioner Md. ShafiquI Alam, should not be quashed or any 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..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
....the 33rd Annual General Meeting (AGM) of the company was held on 29-7-2011, election for one vacant post of a direction was scheduled to take place on that date. But election could not be held due to some disagreements; there were two candidates for one vacant post, namely, the petitioner and one Su......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 ...... High Court Division (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J Asaduzzaman Shahid Khan......................Petitioner Vs. National Tea Company Ltd and others..............Respondents Judgment January 9, 2013. Result: The petiti..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
....ain the nature and the particulars of the offence by name, the date, time and place. The accused is entitled to know with accuracy and certainty the exact, nature of the charge brought against him so that he can take proper defence. Unless he has this knowledge, he will be prejudiced in his defe...... 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. ......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...... (Criminal) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Habibur Rahman @ Habu and others..........Appellants Vs. The State..........................Respondent Ju..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
..................................Petitioners Vs. State and another.................................Opposite-parties Judgment January 7, 2013. Result: The Rule may be made absolute. Cases Referred to- Aminur Rahman (Md) Vs.State 8 BLC 518; Khondaker Mahtabuddin Ah...... 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)
....onstruction or obligation or otherwise, be treated exactly as if they were in the Act. In other words, if validity made the Rules are to be given the effect as the provisions of the Act. 9. More so, the question of validity of subordinate legislation depends on the vires of the Rules made ......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......ns. The Anti-Corruption Commission Act, 2004 (Act No. V of 2004); section 32 Relationship 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 a..Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....c12; years due to no fault of his own. Thus the length of period by now can be taken as a circumstance, when there are other extenuating circumstances, to commute the sentence of death to one of imprisonment for life"………(26) Cases Referred to- State Vs. Kalu Bepar......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......vict 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 is not due to any fault of the convict and where the period spent there is inordinately long, it may be considered as an extenuating ground..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
....ecific decision in respect of fixing seniority of the non-cadre family planning officers appointed after 1985 at the time of their encadrement in keeping with the Seniority Rules, 1983. In doing so if the government comes to a wrong decision by interpretation of Seniority Rules, 1983 in its own...... petition got full relief as prayed for as evident from the judgment and order of High Court Division . Nowhere in judgment of the writ petition a single word has been discussed or found about the so called contention of present contempt petitioners who were added respondents in the said writ p...... 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. ......2013) 485. ..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
.... proceeded with the suit and 27-9-2012 was fixed for taking tadbir in default, the suit shall be dismissed. As on the date (27-9-2012) the plaintiffs neither filed hajira nor took any step and were also found absent on call the suit was dismissed for default for not taking any step. In support of hi......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......yed Mahmud Hossain J
Md. Imman Ali J
Ramala Khatun & another........................................Petitioners
Vs.
Baitul Aman Co-operative Housing Society Ltd. and others.......Respondents (In Civil Petition No.928 with 1041 of 2009)
Judgment
Decembe..
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
....spective sessions case, the learned Joint Metropolitan Sessions Judge found the petitioner guilty of the charges brought against him under the said section and sentenced him to suffer simple imprisonment for 1(one) year in each case and to pay a fine of Taka 30,00,000, Taka 30,00,000; Taka 75,0...... 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...... Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shahidur Rahman Khadem..............Petitioner Vs. State and another..........................Respondents (In Criminal Review Petition Nos.9-12 of 12) ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10
Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)
....e respective sessions case, the learned Joint Metropolitan Sessions Judge found the petitioner guilty of the charges brought against him under the said section and sentenced him to suffer simple imprisonment for 1(one) year in each case and to pay a fine of taka 30,00,000.00, taka 30,00,000.00; taka...... 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. ......are disposed of by this judgment. 2. Facts necessary for disposal of these review petitions are as follows: 3. 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 Case...... J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Shahidur Rahman Khadem.......Petitioner (In Criminal Review Petition Nos.9-12 of 2012) Vs. The State and another…………...Respondents Mir Shafiqul Islam..................Petitioner (In Crimi..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
....mine him now he has taken the plea that examination of the said Magistrate is necessary………(9) Explanation and assertion by the learned Judge is not only surprising; but it also shows the inefficiency and in capability of the said Judge to perform the judicial work. If ......nd in capability of the said Judge to perform the judicial work. If explanation of the learned Judge is accepted, then it is clear that he refrained himself to perform his judicial task under so called pressure and he failed to over come the said situation as a Judge………&hel......he Special Sessions Judge and Poribesh Appeal Adalat, Dhaka was directed to explain his position within 2 (two) weeks from date of the receipt of the notice as to why the argument of the case and the trial has not been concluded within last 2 (two) years. 3. In reply to the above, Mr. Md. Mahbu......ce with law to ensure the presence of the Magistrate in order to examine him now he has taken the plea that examination of the said Magistrate is necessary………(9) Explanation and assertion by the learned Judge is not only surprising; but it also shows the inefficiency and in..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....f CS Plot No.158 measuring 0.93 acre including the land of the 'ka' schedule measuring 0.14 acre appertaining to CS Khatian No.137 under 'rayoti jote' belonged to Md. Sagir Mahmud. Md. Sagir Mahmud's son, Shamsher Ali inherited the entitle land of CS Plot No. 137 and accordingly, his name was correc......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ......k tube well and constructed dinning room, bath room and care-taker room. Md. Siddique Miah has been living there with his family members. So, the suit is liable to be dismissed with cost. 4. The trial Court decreed the suit by the judgment and order dated 14-10-2002. 5. Against the judgmen......……………………………......Respondents Judgment 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 ..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....am Khondaker.........................Petitioner Vs. Bangladesh and others...................Respondent Judgment November 29, 2012. Result: The Rule is made absolute. Voluntary Social Welfare Agencies (Registration and Control) Ordinance, (Ordinance...... Writ Petition No. 8987 of 2012. Judgment Farah Mahbub J.- In this Rule, issued under Article 102 of the Constitution of the People's Republic of Bangladesh, the respondents have been called upon to show cause as to why the impugned Memo No.বাজাবস/নথি-১/২০১......y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ......n (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Advocate Taimur Alam Khondaker.........................Petitioner Vs. Bangladesh and others...................Respondent Judgment November 29, 2012. Resul..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... Supreme Court of India in a number of decisions reiterated that "misconduct" would cover any activity or conduct which his professional brethren of good repute and competency would reasonably regard as disgraceful or dishonourable. The scope of "misconduct" is not restricte......or the records. The amendment petition accordingly formed part of the original complaint. The records of objection Case No.235 in respect of Mouza Ramnagar JL No.76 PS Dagonbhuiyan, District Feni was called for from the Office of Assistant Settlement Officer, Dagonbhuiyan, Feni for proper adjudicati...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ......Syed Mahmud Hossain J Muhammad Imman Ali J Esrarul Huq Chowdhury…………………...................Appellant Vs. Md. Amir Hossain, Advocate and another…......Respondents Judgment November 28, 2012. Result: The app..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....itioner Vs. The State………………….......................Respondents Judgment November 28, 2012. Result: The Rule is made absolute. Cases Referred to- Bahauddin Nasim Vs. Secretary, Ministry of Home Affairs, Govern......ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......the residual aspect of Mr. Islam’s submission. 44. According to him, the FIR discloses no offence whatsoever. As an FIR is the genesis of a criminal prosecution, around which any possible trial would revolve, fall or stand, it is a well settled principle of criminal Jurisprudence that no...... The Rule is made absolute. Cases Referred to- Bahauddin Nasim Vs. Secretary, Ministry of Home Affairs, Government of the Peoples Republic of Bangladesh, Bangladesh Secretariat, Ramna Dhaka and others, unreported, Writ Petition No.7245 of 2008; Khawja Nazir Ahmed Vs. Emperor 1945 DLR, PC 1..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Mohammad Ullah Ashraf Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ef, are that the then Nikah Registrar of Kadla union area Md. Abdur Rab since deceased had filed an application on 30.4.2007 for granting license of Nikah Registrar for the same area in favour of his son Mohammad Ullah Ashraf (the writ petitioner) stating that he was unfit to perform his duty becaus......he writ petitioner (annex-E). In the meantime, father of the writ petitioner Md. Abdur Rab died. During the matter was pending, the Muslim Marriage and Divorce (Registration) Rules, 2009 (hereinafter called the Rules, 2009) came into force on 10.8.2009 repealing the previous Rules i.e. Muslim Marria......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: ......gh Court Division (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Mohammad Ullah Ashraf………......Petitioner Vs. Bangladesh and others…………...Respondents Judgment November 28, 2012. Result: The Rul..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....h;For the Opposite-Party No. 2. Criminal Revision Case No.01 of 2013. Judgment Abdul Awal J.- In this revision application two crucial questions are involved. (i) Whether the proviso of section 188 of the Code of Criminal Procedure is to be followed to proceed with the ...... 2009, so far the petitioner is concerned, should not be set-aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 5. Record of the case need not be called for. 6. This Rule is made returnable within 2(two) weeks from date. Md. Faruqu......ged offences were committed during the operation of the Ain of 2002, the punishment for the said offence as provided under Chapter IV of the said Ain be applicable. Therefore, there is no bar to hold trial of the petitioner under provisions of the Anti-Corruption Commission Act, 2004 for the commiss...... Court Division (Criminal Revisional Jurisdiction) Present: Abdul Awal J Md. Faruque J Giasuddin-al-Mamun.............................Accused-petitioner Vs. State and another…………….....................Opposite-parties Judgme..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
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