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State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......িন ধার্য থাকলো, সাক্ষীদের প্রতি সাধারণ সমন ইসু করা হক।" Under this provision a Sessions Judge has been given power to tender a person with the view of “obtaining at the trial the evidence of any person suppo......Sinha J MM Rahman J State..........................................Appellant Vs. Ershad Ali Sikder and others........Condemned Prisoner Judgment February 18, 2004. Cases Referred to- Mitthulal and another Vs. State of Madhya Pradesh AIR 1975 SC 149; Md Hossain Omar Cosra Vs. ......sideration because the provisions of sections 337 and 338 of the Code of Criminal Procedure have not been complied with. He further submits that the statement of PW2 on the basis of which he has been granted pardon is a purely self-exculpatory statement and in that view of the matter, the learned Ad..Category: Criminal Law | Date: | Hits: 110
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ...... Appraisers who joined the service originally as Preventive Officer, long before that promotion but seniority of the petitioner has been taken away by passing the impugned Act and that Act does not empower the Government to claim that the post of Preventive Officer/Appraiser/Inspector and Intellig.......................................Petitioner Vs. Government of the People's Republic of Bangladesh.................Respondent Judgment April 16, 2002. Cases Referred to- Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others 49 DLR (AD......r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ..Category: Employment/Service Law | Date: | Hits: 116
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......া আবশ্যক”। 6. The reasons assigned by the learned Subordinate Judge are not relevant for reviewing a judgment disposed of on merit after full flaged hearing of the parties. The power of review is not an inherent power-it is conferred by law specifically. A review is by no mean....... Muzammel Hossain J Surendra Kumar Sinha J Md. Abdur Rashid Akand…………………………Petitioner Vs. Md. Raisuddin and others .....................Respondents Judgment October 6, 2010. Case Referred To- Chhajju Ram Vs. Neki, AIR 1922 P.C.112. Lawyers Involved: ......icient on grounds, at least analogous to those specified in the rule." As regards the other ground of discovery of new and important evidence, the rule that permits a fresh hearing or new trial to be granted on this account has, therefore, been fenced round with many limitations. The party must show..Category: Property Law | Date: | Hits: 48
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......ted 2‑12‑1999 was issued by the NBR and published in the Gazette dated 5‑12‑1999 recognising/identifying some undertakings as providing physical infrastructure facilities as per the delegated power of legislation given under the Explanation appended to sub‑section (2)(b) of section 46A of ......a Nath, AIR 1955 (Cal) 581; Income tax Officer, Alleppey Vs. I MC Pon-noose and others, AIR 1970 (SC) 385; 53 CWN 596; AIR 1989 SC 501; Hansraj Vs. Dave, 1969 SCR 253; Nowab Gazzi Vs. Assistant Collector, AIR 1965 Audh 218. Lawyers Involved: Tania Amir, Advocate‑For the Petitioner. Moshar......ration but from the date when the petitioner company was recognised as providing physical infrastructure facility by the said SRO dated 2‑12‑1999. Accordingly, the petitioner company could not be granted tax exemption under section 46A as it was not recognised as an undertaking providing physica..Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......ction between 'Bail' and "Anticipatory Bail” is that whereas the former is granted after arrest and therefore, means release from custody and the latter is granted in anticipation of arrest and the power is exercisable in case of an anticipated accusation of an offence and is effective at the very...... Vs. State and another ……….................Opposite Parties Judgment May 8, 2002. Cases Referred To- Nagendra Vs. King Emperor, AIR 1924 Cal 476; G Narasimhulu Vs. Public Prosecutor, 1978 Cri LJ 502 = AIR 1978 (SC)429; State Vs. Abdul Wahab Shah Chowdhury and another, 51 DLR (A......elease from imprisonment on finding sureties or security to appear for trial. 12. The meaning of 'Bail' as given in the Webster's Encyclopedic Unabridged Dictionary of the English Language is 'to' grant or obtain the liberty (of a person under arrest) on security given for his appearance when req..Category: Criminal Law | Date: | Hits: 79
....and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
......esh represented by the Secretary, Ministry of Works Vs. Jalil and others reported in 49 DLR (AD) 267 48 DLR (AD) 10, 15BLD (AD) 175 wherein their lordship held that the High Court Division exercising power under Article 102 of the Constitution does not work as a Court of appeal and as such it is not......D) 161.
Lawyers Involved:
M. I. Farooqui, Senior Advocate instructed by M.G. Bhuiyan, Advocate-on-Record-For the Petitioner.
Not represented- the Respondents.
Civil Petition for Leave to Appeal No. 934 of 2008.
(From the judgment and order dated 27.11.2007 passed by the High Court......and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
..
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
.... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ......-E) has not been notified in the official Gazette nor there is any other section available in the Customs Act or any other law wherein the Customs Authority or anybody else has been invested with any power to fix up any "indicative value" for any goods for the purpose of levying duty. 20. Md. Baz...... Court High Court Division (Special Original Jurisdiction) Present: Kazi AT Manowaruddin J Md. Arayesuddin J Russel Vegetable Oil Ltd……………….Petitioner Vs. Collector of Customs and others………Respondents Judgment January 27, 2000. Result: Both...... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ..Category: Fiscal/Taxation Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379....... and that whether a revision petition under section 438 of the Code of Criminal Procedure against an order of Magistrate is maintainable even after the learned Sessions Judges have been invested with powers under Section 439A of the said Code to exercise all or any of the powers which may be exercis......………………………………………..Respondent Judgment May 29, 2000. Lawyers Involved: Md. Miftahuddin Chowdhury, Advocate—For the Petitioner. Shueb Ahmad, Assistant Attorney-General—For the State Respondent. Criminal Miscellaneous Case No. 2786 of 1995. Judg......86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379...Category: Criminal Law | Date: | Hits: 57
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149.......ightly found that the parties of the two proceedings are different and consequently the impugned order does not suffer from any illegality calling for interference by this Court exercising revisional power. 8. The learned Counsel appearing for the petitioner has placed before me the impugned orde...... Qazi Ebadul Hoque J Mazharul Haque Qureishi ……………….Petitioner Vs. Giridhari Rishi and others…………………Opposite Parties Judgment July 11, 1998. Cases Referred to- Sakhawat Hossain vs. Chowdhury Muhammad Sarwar and another, PLD (Dhaka) 1968 at page 557; Faz......reasons stated above, I do not find any substance in this revision and the same accordingly fails. In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 14..Category: Property Law | Date: | Hits: 57
....sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145.......stigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produc......ents.
Writ Petition No. 1879 of 1993.
Judgment
Qazi Shafiuddin J.- In this Rule the memo dated 22-9-93 issued by the respondent No. 3 District and Sessions Judge, Dhaka according permission to the respondent No. 1 Deputy Director, Bureau of Anti Corruption, Dhaka to seize certain documents......sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145...
Category: Criminal Law | Date: | Hits: 41
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ...... by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......n some judgments in previous suits which were not judgments inter parties. According to the learned Advocate, Exhibit-12 series comprising the judgments in 2 writ cases and the succession certificate granted in favour of Khairunnessa filed and proved in this case (Ext. 19) should not have been relie..Category: Property Law | Date: | Hits: 116
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ......to the ground. The learned Advocate appearing for the petitioners has failed to point out any legal conformity in the impugned judgment that calls for interference by this Court exercising revisional power under section 115(1) of the Code of Civil Procedure. For the reasons stated above, I do not fi......y the Assistant Judge, Gobindaganj, in Miscellaneous Case No. 64 of 1984 disallowing pre-emption. 2. Short facts relevant for the purpose of the case are that, opposite party Nos.1 and 2 as pre emptors filed a case land under section 96 of the State Acquisition and Tenancy Act, 1950 in the Court ...... Miscellaneous Appeal No.72 of 1988 are affirmed and the petitioners Miscellaneous Case No.64 of 1984 for pre-emption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) ..Category: Property Law | Date: | Hits: 56
A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)
....ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ......said meeting and that the last election of the Society took place on 22.06.1999 electing the Managing Board for 3 years i.e., up to 31.12.2001 and that the President of the Society in exercise of the power under Article 9(1) of Bangladesh Red Crescent Society Order, 1973, hereinafter referred to as ......t Appellate Division (Civil) Present: K M Hasan CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J A. F. M. Obaidur Rahman, Secretary General of Bangladesh Red Crescent Society, Attorney and others………………......Petitioners Vs. Md. Asgar Ali and others…………......ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ..Category: Civil Law | Date: | Hits: 116
.... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner.
Accordingly, the petition is dismissed.
This Case is also Reported in: 19 BLT (AD) (2011) 5.
...... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner.
Accordingly, the petition is dismissed.
This Case is also Reported in: 19 BLT (AD) (2011) 5.
.............Respondents
Judgment
January 23, 2008.
Lawyers Involved:
Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner.
Not Represented-the Respondents.
Civil Petition for Leave to Appeal No. 549 of 2007.
Judgment
Mohammad Fazlul Karim J.- The petition for Leave to Appea...... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner.
Accordingly, the petition is dismissed.
This Case is also Reported in: 19 BLT (AD) (2011) 5.
..
Category: Property Law | Date: | Hits: 71
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125....... on record have been perfectly justified in passing the impugned order of conviction and sentence which suffers from no legal infirmity to justify any interference by this Court exercising revisional power under section 439 of the Code of Criminal Procedure. The learned Assistant Attorney-General fu....... Petitioner Vs. State…………….Opposite Party Judgment August 2, 1998. Lawyers Involved: Faisal Mahmud Faizee, Advocate — For the Petitioner. Kh Mahbub Alam, Assistant Attorney- General — For the State. Criminal Revision No. 740 of 1995. Judgment Gour Gopal S......iminal Appeal No. 46 of 1986, upholding the order of Conviction and sentence passed by the learned Magistrate, Hathazari in GR Case No. 45 of 1985 is maintained. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. ..Category: Criminal Law | Date: | Hits: 68
Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ......stitution does not provide for any review of the judgments, decree, order, etc. passed by the High Court Division. Article 105 of the Constitution sets out: “The Appellate Division shall have power, subject to the provisions of any Act of Parliament and or any rules made by that division to ......98. Judgment Qazi Shafiuddin J. - These two review applications being Review Application Nos.15 and 16 of 1998 arise out of Writ Petition Nos. 2328 and 2329 of 1998 respectively have been heard together and will now be disposed of by this common judgment as the same arise out of the order date...... (3) An appeal to the Appellate Division from a judgment, decree, order or sentence of the High Court Division in a case to which clause (2) does not apply shall lie, only if the Appellate Division grants leave to appeal. (4) Parliament may by law declare that the provisions of this article sha..Category: Fiscal/Taxation Law | Date: | Hits: 90
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233.......itted that since no proceeding is pending before any Court relating to the documents maintained with the petitioner Bank, the respondent No. 2, learned District and Sessions Judge, Nababganj is not empowered under section 94(1)(a) of the Code of Criminal Procedure to direct the petitioner to transmi......tion Officer and another…………….Respondents Judgment July 5, 2001. Lawyers Involved: Ahsanul Karim with Aneek R Haque, Advocates-For the Petitioner. Probir Neogi, Assistant Attorney-General-For the Respondents. Writ Petition No. 984 of 1994. Judgment Md. Munsurul Ho......s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233...Category: Anti-Corruption Laws | Date: | Hits: 153
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ...... the learned Deputy Attorney-General. Section 6(1) of the Private University Act, 1992 provides that for establishing an University Sanad has to be obtained. Sub-section (4) of section 6 of the Act empowers the Government to reject the application filed under sub-section (2) of section 6 of the Act....... Judgment: February 14, 1999. Result: The Rule is made absolute. Lawyers Involved: Mahbubur Rahman with Mrs. Farah Mahbub, Advocates — For the Petitioner. K.M Saifuddin Deputy Attorney-General - For Respondents. Writ Petition No. 1611 of 1997. Judgment AM Mahmudur Rahm......ied to the then Education Minister on 21-5-95 for permission to establish the University. On receipt at the same the Hon’ble Minister directed the Secretary of the Ministry to peruse the papers and grant permission provisionally on condition of fulfillment of legal provisions within a reasonable p..Category: Others | Date: | Hits: 104
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
.... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374.......follows: “No person shall be prosecuted and punished for the same offence more than once.” 14. The word “prosecuted” is introduced in the present case in order to make it clear that the power relates to punishment by a Court of law and not to other kinds of punishment besides a judicia......— For the Petitioner. Md. Ismail, Advocate—For the Respondent No. 3. Writ Petition No. 3501 of 1997. Judgment Syed Amirul Islam J. - This Rule was issued calling upon the respondents to show cause as to why the order date 26th November 1996 passed by the respondent No.1, Sessions Ju...... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374...Category: Criminal Law | Date: | Hits: 56
....devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
......stigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produc......urt
High Court Division
(Special Original Jurisdiction)
Present:
Kazi Ebadul Hoque J
AK Badrul Huq J
Abdul Hafiz (Md.) and others……………………. Petitioners
Vs.
Director General, Bureau of Anti-Corruption, Government of Bangladesh ………Respondents
Judgment
......tion that he is the Managing Director of the company along with an application for injunction restraining the petitioners from interfering in the affairs of the Company. The learned Subordinate Judge granted an order of injunction. On appeal, the order of injunction was set aside. The respondent No...
Category: Anti-Corruption Laws | Date: | Hits: 191
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