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Badsha Alam Vs. State, 2006, 35 CLC (HCD)
....urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ......urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Respondent Judgment March 14, 2006. Result: The appeal is allowed. In a criminal case, the prosecution can call upon the court to record its verdict of guilty only when it has proved its case by cogent and legal evidence. Suspi......ant that he misappropriated the wheat to the amount of Taka. 20287.52 by conversion to his own personal use without performance of any reconstruction work under the project has no value in the eye of law unless the allegations are substantiated by credible evidence. 18. The established principle ..Category: Criminal Law | Date: | Hits: 76
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
....lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ......the instance Minaz Master with whom they had enmity. 5. The learned Additional Sessions judge, by the impugned judgment and order found the appellant guilty under section 302 of the Penal Code and accordingly, sentenced him to suffer imprisonment for life and to pay a fine of taka 10,000/00 in de......dgment July 3, 2005. Result: The Appeal is allowed. Lawyers Involved: Khandakar Saiful Hoque with Khalilur Rahman and Mohmud Hossain Imam-For the Appellants. Golam Kibria, Deputy Attorney-General with Monowara Khatun, Assistant Attorney-General-For Respondent. Criminal Appeal N......Md. Yad Ali, the informant, in short, was that deceased Shaheda Khatun was his niece and she died on 15th day in any month before two years. Two years before he had gone to the house of his father in law to celebrate Eidul Azaha when Samed Ali informed him that the dead body of Shaheda Khatun was fo..Category: Criminal Law | Date: | Hits: 80
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ty of being heard cancelled his license forfeiting the security money in utter violation of section 14 (1) of the Ordinance. The impugned order having been passed in violation of principle of natural justice is without lawful authority. 5. In course of hearing, Mr. A. M. Aminuddin, learned Advoca......erit in the Rule. Accordingly the Rule is discharged. 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: ......………………………......Petitioner Vs. Bangladesh and others……………………....Respondents Judgment July 15, 2012. Result: The Rule is discharged. Case Referred to- Government of Bangladesh and others Vs. Md. Tajul Islam, 49 DLR (AD) 175. Lawyers Involved......m the concerned embassy in Netherlands. 4. Ms. Selina Akhter, learned Advocate for the petitioner at the very outset submits that the writ petitioner was conducting his business in accordance with law, and following the terms and conditions of the license, but the Government without giving him an..Category: Constitutional Law | Date: | Hits: 407
....of the Trust did not proceed to grant any honorarium to Nur Ahmed. Ultimately the unfortunate father died on 10.12.2001. After his sad demise, petitioner 1 Bahar Uddin Ahmed served a notice demanding justice upon the respondents (annex-M) calling upon them to pay state honorarium to the heirs of Taj......ner No.4 Taj Nehar Begum, the mother of the martyr is entitled to get the honorarium and the respondents are bound to grant it in her favour, issue a certificate in the name of martyr Tajul Islam and accordingly publish his name in the official gazette.
18. In view of the above the Rule is made a...... Nos.2-4.
Writ Petition No.8354 of 2010.
Judgment
Md. Ruhul Quddus. - This Rule at the instance of the legal heirs of a martyr freedom fighter was issued for a direction upon the respondents to give them monthly state honorarium and other benefits, issue martyr freedom fighter’s certifica......ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
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Category: Others | Date: | Hits: 103
Md. Shawkat Ali Vs. Director General and others, 2010, 39 CLC (HCD)
....stoppage of payment of the Government portion of the salary is a punishment but before imposing such punishment the respondents did not issue any notice thereby they violated the principle of natural justice. The decision of withholding the payment of Government portion of salary falls the petitione......salaries from the month of May, 2005 as shown in the Monthly pay Order of May, 2005 and onward. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 303. ......me Court High Court Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Azizul Haque J Md. Shawkat Ali…………………………Petitioner Vs. Director General and others…………………………Respondents Judgment May 3, 2010. Resul......he stoppage of Government portion of the salary to the petitioner from May, 2005 as shown in the Monthly Payment Order (MPO) of May, 2005 (Annexure-C) should not be declared to have been made without lawful authority and is of no legal effect. 2. It has been stated in the writ petition that the p..Category: Employment/Service Law | Date: | Hits: 119
Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
....ng based on material on record is final and in the absence of any misreading or non consideration of the material evidence, the learned appellate Court did not commit any error occasioning failure of justice in allowing the appeal. The learned Advocate for the opposite parties further submitted that...... Tk. 15,000/- as consideration money from the plaintiff as well as through P.Ws. 3 and 4 and that the defendant No.1 wrote three letters to the plaintiff as well as to his father asking for money and accordingly Tk. 2000/- was paid on 19.01.87 to the defendants through P.W.3 Chhitu Khan by the plain......Md. Rakibul Islam and others………………………………………Petitioner Vs. Anwar Hossain and another………………………………………Opposite Parties Judgment October 12, 2009. Result: The rule is discharged. Lawyers Involved: A.Q.M. Fazlul Haque - ...... learned trial Court as well as the appellate Court did not give any finding as to the taking/delivery of possession to the plaintiff by the defendants and that the appellate Court committed error in law in allowing the appeal without giving any finding as to whether the plaintiff was able to prove ..Category: Property Law | Date: | Hits: 103
Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ......żŕ¦Şŕ¦¤ŕ§Ťŕ¦°â€™ dated 28.12.2005, the approved place Jogandronagar is suitable for construction of the new Union Parishad Complex. In this perspective, the respondent No.1 committed no illegality in according approval for construction of the Complex thereon. In 1952, the Union Parishad Bhaban was e......……Petitioner Vs. The Government of Bangladesh and others……………………………..Respondent Judgment May 31, 2010. Result: The Rule is discharged. Writ Jurisdiciton of the Court The Writ Court under Article 102 of the Constitution can not interfere with the ......he signature of the respondent No.2 granting administrative approval for construction of new Biaghat Union Parishad Complex Bhaban at Jogandronagar (Annexure-'G') should not be declared to be without lawful authority and of no legal effect and/or such other or further order or orders passed as to th..Category: Administrative Law | Date: | Hits: 261
Haji Azizur RahÂman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
.... Magistrate was so much in a hurry that he had very little time to apply his mind judicially and disposed of the case very arbitrarily without assigning the slightest reason defying all principles of justice. The learned Assistant Sessions Judge deemed to be AddiÂtional Sessions Judge set aside the......r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur RahÂman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ......985. Result: The Rule is discharged. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 241A Section 241A of the Code of Criminal Procedure does not authorizea Magistrate to pass arbitrary order of disÂcharge. He has to comply with certain requiÂrements. He must assign......ur Rahman filed a petition of comÂplaint in the Court of the Upazilla Magistrate, Fatikchari, Chittagong alleging that on 16.12.82 the accused petitioners being armed with deadly weapons formed an unlawful assemÂbly along with other unknown persons, criminÂally trespassed into the complainant's h..Category: Procedural Law | Date: | Hits: 78
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....kar then contends that the accused appellant has been most illegally tried in absentia in violation or section 339B(2) of the Code of Criminal Procedure and the same has caused serious miscarriage of justice and, as such, the impugned Judgment and order of conviction and sentence cannot be sustained......udicial custody in connection with another case, then a telegraphic message was sent to the concerned jail authority to produce the accused Hamid Ali before the trial Court on the day of argument and accordingly, he was produced but no chance for cross‑examining the witnesses or making any stateme...... Mostafizur Rahman (Md.)……………………Appellant Vs. State…………………Opposite Party Judgment September 1, 1993. Result: The appeal is allowed. Cases Referred to- Hamiz Ali @ Hamid Ali Vs. The State, Criminal Appeal No.195 of 1985; 1981 PCrLJ 165; 1973 CrL......nd obtained sanction of the government to prosecute the accused and thereafter an conclusion of the investigation, submitted charge‑sheet against the accused‑appellant under the above sections of law. The accused was arrested earlier but on his prayer he was granted bail. The case records were t..Category: Criminal Law | Date: | Hits: 110
Yunus Molla (Md.) Vs. State, 1995, 24 CLC (HCD)
....Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ......Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ......……Respondent Judgment July 9, 1995. Result: The Rule is made absolute. Lawyers Involved: Syed Ziaul Karim, Advocate ‑ For the Petitioner. Md. Abdus Salam Mamun, Assistant Attorney-General ‑ For the State. Criminal Revision No.447 of 1990. Judgment Kazi Ebadul Ho......t conclusion of the trial but speaks about conclusion of the proceeding. 5. In that view of the matter period upto 27‑8‑89 cannot be excluded from the proceeding of the special case. Since the law makers consciously used the word proceeding in the aforesaid section 8(a) in contradiction to th..Category: Procedural Law | Date: | Hits: 95
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
.... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ...... fairness be allowed. The amendments sought for are therefore allowed and those shall obviously relate back to the date of the filing of the suit. The, Managing Director of the plaintiff‑company is accordingly permitted to sip the plaint and the verification to the plaint by putting his signature,........................Plaintiff Vs. MV Yue Yang and others………………………..Defendants Judgment July 30, 1996. Result: The applications are rejected. If the Managing Director of the company has no power under the Articles of Association to file a suit on behalf of the co......t no one furnished any indemnity bond for the release of the cargo. The defendant vessel arrived at Chittagong Port on 30‑3‑96 and it is stated in the plaint that the defendant Nos.1 and 3 had no lawful authority to deliver the cargo to any one without the production/surrender of the shipping do..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)
....he kabinnama and whether the verdict of the appellate Court to that effect dismissing the suit itself finding that the dispute ended in the salish, is a valid one or whether it has invited failure of justice, which are to be considered by this Court in this revision. 11. The law is very clear, on...... forcibly compelled the defendant to marry the plaintiff and the signature to the defendant was taken on the kabinnama. So defendant denied the solemnisation of the marriage and also consummation and accordingly, the defendant took plea that the plaintiff is not entitled to the dower money or mainte......High Court Division (Civil Revisional jurisdiction) Present: Abu Sayeed Ahammed J Shahinur Begum……………………………………Petitioner Vs. Md. Minarul Islam Mondol @ Miton……………………………………………Opposite Party Judgment June 9, 1997. ......ildhood of them. Trial Court after vivid discussion of the evidence on record, both oral and documentary, believed the case of the plaintiff and decreed the suit. 6. It is the settled principle of law that trial Court always has an opportunity to consider the litigation from a very close dimensio..Category: Family Law | Date: | Hits: 122
State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)
....nt meted out should at least reflect proportionality to the punishment which would otherwise be imposed under the penal laws, otherwise, the whole procedure of trial and sentence becomes a mockery of justice, and the action taken by the Court martial will be undermined in the estimation of the publi......e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is disÂposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ...... April 28, 2009. Result: The Rule is disÂposed of. Suo Motu Rule No.03 of 2008. Judgment Md. Imman Ali J.- On 20-4-2008 Manzill Murshid, learned Advocate of the Supreme Court, brought to our notice a news item published in the Financial Express on Saturday, 19-4-2008 wherein it was r......ssain, and why the concerned authorities will not be directed to inquire into and take appropriate measure in order to prosecute those involved in the incident both departmentally and under the penal laws of the country. 2. Initially the five taskforce security offiÂcials, who, as it transpired,..Category: Others | Date: | Hits: 87
Rakibuddin Talukder Vs. Government of BanglaÂdesh and others, 2009, 38 CLC (HCD)
....rsing the finding of facts arrived at by the trial Court, the Court of appeal below allowed the appeal thereby committed an error of law resultÂing in an error in the decision occasioning failure of justice. 18. Mr. Iqbal Hossain, the learned Assistant Attorney-General appearing for the opposite....... Office is directed to send down the records of this case at once with a copy of Judgment for inforÂmation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ...................Petitioner Vs. Government of BanglaÂdesh and others.......................Opposite Parties Judgment January 27, 2009. Result: The Rule is discharged. Cases Referred to- Amirunnessa Vs. Abdul Mannan Howlader, 17 BLD 251 = 1 BLC 183; Hriday Ranjan Dey Vs. Niranjan......separate written statement denying all the material allegations made in the plaint. 5. The case of the defendant No.1 are that the suit land was the khas land of Ex-landlords which by operation of law vested with the Government. The Government is now exercising its right of posÂsession in the su..Category: Property Law | Date: | Hits: 76
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....ode of Criminal Procedure, 1898 (V of 1898); section 342 An examination of an accused under Section 342 of the Code is not an idle formality. It has to be carried out carefully in the interest of justice and fair play to the accused and his examination under Section 342 of the Code is for the pr......lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ...... Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898); section 342 An examination of an accused under Section 342 of the Code is not an idle formality. It has to be carried out carefully in the interest of justice and fair play to the accused and his examinat......2 Cr.P.C. for linking of the accused appellants with the crime and thereby to enable the accused appellants to explain the circumstances appearing against them. This being the mandatory provisions of law the accused appellants have been seriously prejudiced and as such the accused appellants should ..Category: Criminal Law | Date: | Hits: 83
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
.... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ...... Nos.1-4 are associates in the business. They procure tobacco leaves from various places and conduct business. Accused No.1, 2 and 3 made a proposal to purchase tobacco leaves from the petitioner and accordingly the accuseds No.1 and 4 came to Chittagong form Kushtia, they stayed at United Hotel at ......ner, for instance by an act of cheating, by coercion or by any other unlawful means. Therefore, the expression 'in any manner' occurring in section 405 of the Penal Code is wide enough, in its ambit, to bring a case of securing entrustment or dominion over the property of other person by an act of c......erty" or 'dominion over property' of other person. But such 'entrustment with property' or 'dominion over property' may be acquired 'in any manner' as stipulated in section 405 of the Penal Code. The law markers, out of their wisdom, used the expression 'in any manner' instead of 'in a lawful manner..Category: Criminal Law | Date: | Hits: 116
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....oram non-judice’ of the trial Court or that the facts alleged do not constitute any criminal offence or that the conviction has been based on no legal evidence or otherwise for securing the ends of justice……………….(18) The Code of Criminal Procedure, 1898 (V of 1898); section 103 T......tion wanted that any person accused of an offence for contravention of the provision of the Foreign Exchange Regulation Act, etcetera should not be subject to unnecessary harassment by the police and accordingly safeguard are provided in the Act, but in the instant case the police officer in contrav......ange Regulation Act etc. complaint should be filed before the Magistrate by the person authorized in this behalf either by the Government or by the Bangladesh Bank and not by lodging any FIR and that too by an authorized person. This apart lodgÂment of such complaint should be preceded by an opport......erson duly authorized either by Government or Bangladesh Bank as required under section 23 of the Foreign Exchange Regulation Act, 1947 and that police lodged the FIR which is unauthrized and without lawful authority. It is further contended by the defence that a person is authorized to keep upto $5..Category: Criminal Law | Date: | Hits: 109
Osarunnessa Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ared to have been passed without lawful authority and is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......ared to have been passed without lawful authority and is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ...... - For Respondents. Writ Petition No.4038 of 2011. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioner Osarunnessa, this Rule Nisi was issued calling upon the respondents to show cause as to why the Order No.17 dated 25-01-2011 passed by the learned Judge, Artha Rin Adal......007 issuing warrant of arrest (Annexure-B) in violation of Section 34 of the Artha Rin Adalat Ain, 2003 and Order XXI Rule 37 and section 56 of the Code of Civil Procedure shall not be passed without lawful authorÂity and is of no legal effect. 2. The background leading to the Rule, in short, is..Category: Civil Law | Date: | Hits: 134
Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)
.... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ...... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ...... High Court Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Md. Asaduzzaman J Abdul Khaleque Shah……………………………….Petitioner Vs. Administrator of Waqfs and others…………………………………..Respondents Judgment December ...... Shah Waqf Estate appointing receiver till disposal of the proceeding under section 32 of the Waqf Ordinance 1962, hereinafter in brief the Ordinance, should not be declared to have been made without lawful authority and is of no legal effect or such other or further order or orders passed as to thi..Category: Trust/Waqf Law | Date: | Hits: 85
Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)
....icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ......icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ......) 769. ......name of the petitioner in the place of seller MM Khan and Co (Pvt) Ltd in respect of two vessels, namely, 'FVT Salsabil' and 'FV Zanjabil' (Annexure-E) shall not be declared to have been made without lawful authority and is of no legal effect and as to why the respondent No. 1 shall not be directed ..Category: Civil Law | Date: | Hits: 124
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