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Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....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......ates-For the Petitioner. Probir Neogi, Assistant Attorney-General-For the Respondents. Writ Petition No. 984 of 1994. Judgment Md. Munsurul Hoque Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 29‑5‑94 (Annexure-......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
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
....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......hmed, with SM Munir Advocates— 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...... 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
....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
......Writ Petition No. 1491 of 1996.
Judgment
AK Badrul Huq J. - By this application under Article 102 of the Constitution an order contained in Memo No. 485/DAB (Dhaka) dated 8 April, 1996 has been called in question whereupon a Rule Nisi was issued calling upon the respondents to show cause as to......of the Company. The added respondent No.4 managed the affairs of the Company for about fourteen (14) years as the Managing Director. During 14 years as the, Managing Director, he did neither call any meeting of the Board of Directors nor general meeting of the Company. He controlled all the affairs ..
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....abi first, raised an objection on maintainability on the ground that the dispute raised by this writ petition arises out of a contractual agreement and, as such, the High Court shall not exercise its power under Article 102 of the Constitution. Secondly, as the petitioner failed to bring all the nec......hipping Limited and another………………Petitioners Vs. Chittagong Port Authority and others……………………….... Respondents Judgment August 6, 1998. Cases Referred to- Sharping Matshajibi Samabaya Samity Ltd. vs. Bangladesh and others, 39 DLR (AD) 85; Banglades......gment AM Mahmudur Rahman J. - By this Rule the respondents were directed to show cause as to why the order dated 4-11-97 of the respondent No. 1 the Chittagong Port Authority, hereinafter shall be called the ‘Port Authority’, directing the petitioner company to pay charge rates as per Tariff ......oner No. 1 a few employees of the port resorted to wildcat strike for use of private operation of the equipments for handling the containers within the port area. The strike was followed by series of meetings with the relevant authorities with the result that about six thousand port employees called..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
....an be made for derequisition of such acquired land. In the above case the principle which was expounded in 27 DLR 597 was discussed which is in the following terms: “It the Government had the power to withdraw any property from acquisition after compensation has been made there would be no f......Commercial Trust of Bangladesh Ltd. and others, 46 DLR (AD) 89; 27 DLR 597; 51 DLR (AD) 84. Lawyers Involved: Fida M Kamal, Advocate—For the Petitioners. Obaidul Hasan Shaheen, Assistant Attorney-General—For the Respondents. Writ Petition Nos. 337, 338, 339, 340 & 341 of 1999. ......General—For the Respondents. Writ Petition Nos. 337, 338, 339, 340 & 341 of 1999. Judgment Md. Awlad Ali J.- In all these 5 Rules obtained by different petitioners the respondents were called upon to show cause as to why the order of requisition of their respective land comprising CS ...... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ..Category: Criminal Law | Date: | Hits: 37
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
....nd thereby the tribunal acted beyond its jurisdiction as the valuation has been fixed without any objective information. 9. It appears from the language of sub-section (3) of section 193C that the power of the tribunal is discretionary, the Appellate Tribunal has the power to make such inquiry as......ivision (Special Original Jurisdiction) Present: Syed JR Mudassir Husain J Md. Awlad Ali J Sharif and Brothers….............................Petitioners Vs. Commissioner of Customs and Others……………. Respondents Judgment February 13, 2000. Cases Referred To- ......yers Involved: AFM Hassan Arif, Advocate—For the Petitioner. Not represented — the Respondents. Writ Petition No. 86 of 1998. Judgment Md. Awlad Ali J. - This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 2-12-97 in File No. CE......ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....wn. 8. Mr. AKM Shafiuddin, the learned Deputy Attorney-General, appeared in the case and on our pointing out he tried to contact with the respondent No.1 to ascertain whether he had been given any power or authority as contemplated under the Government Servants (Discipline and Appeal) Rules, 1985......; another…….………………Respondents Judgment January 16, 2000. Lawyers Involved: Amir-ul Islam with Manzil Morshed, Advocates—For the Petitioner. AKM Shafiuddin, Deputy Attorney-General—For the Respondents. Writ Petition No. 1316 of 1995. Judgment Md. Awlad Al......the petitioner in the same manner. The petitioner informed the respondent verbally and then in writing about the unpleasant incident which had taken place on 9-11-94. 4. On 10-11-94 the respondent called the petitioner to the office of the respondent No.1 and gave him stern warning scolded him an......ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358...Category: Employment/Service Law | Date: | Hits: 71
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....an be no doubt that the petition was maintainable even if the right to relief arose out of an alleged breach of contract, where the action challenged was of public authority invested with a statutory power. 12. In the cases discussed above it happened that the public authority invested with statu......………….Petitioner Vs. Government of the People’s Republic of Bangladesh & another……………Respondents Judgment November 30, 1999. Cases Referred To- Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56; Associate Provincial Pictur......nia Amir, Advocate—For the Petitioner. AKM Shafiuddin Deputy Attorney-General—For the Respondents. Writ Petition No. 2898 of 1997. Judgment Md. Awlad Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order vide Annexure C (I) issued b......enal interest intimating that after the payment was made the government will take step for registration of the said enterprise in favour of the petitioner. It is stated that to settle up the matter a meeting was held in the Ministry on 30-1-95 in which the petitioner was also present and he explaine..Category: Others | Date: | Hits: 95
Abu Jamal and others Vs. State, 1998, 27 CLC (HCD)
....Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ......tate……………….. Respondent Judgment May 12, 1998. Lawyers Involved: Syed Ziaul Karim with Jahangir Ahmed Khan, Advocates — For the Appellants. Md. Shueb Ahmed, Assistant Attorney-General— For the State. Criminal Appeal No. 965 of 1995. Judgment Md. Abdul Matin ......t Nannu under sections 302/34 cannot be maintained. However, the prosecution has successfully proved the case against the appellant Abu Jamal, Wahid alias Wahid Miah and their conviction and sentence call for no interference. 28. Accordingly, this appeal is allowed in part. The judgment and order......Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ..Category: Criminal Law | Date: | Hits: 55
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
....aside the judgment and decree passed by the trial Court on merit, on the basis of evidence on record on the mere seeking of the plaintiff to withdraw the suit for suing afresh as a casual exercise of power, without recording his satisfaction that the case comes within the ambit of Order 23 rule 1(2)...... Suit No.157 of 1977, praying for declaration of his title in the suit land alleging, inter alia, that the suit land comprising an area of 1762-1/2 acres out of 3525 acres of land originally belonged to Ram Chandra Datta, who subsequently settled the said land to one Najir Sheikh on receipt of prope......ther Class Suit No. 153 of 1977 after setting aside the judgment and decree dated 29-6-1983 passed by the Second Court of Munsif, Bogra in Other Class Suit No.153 of 1977 dismissing the suit has been called in question. 2. Short facts relevant for the purpose of the case are that, petitioner Md. ...... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ..Category: Property Law | Date: | Hits: 88
KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)
....end of the arguments. Mr. Mahmudul Islam, learned Attorney-General, has submitted that very influential persons as they are once out of jail on bail, the petitioners will use of all the influence and power for tampering with the evidence and threatening witnesses. He submits that the government has ......4 DLR (SC) 321. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Habibul Islam Bhuiyan, Khondaker Mahboob Hossain and Humayun Kabir Bulbul, Advocates — For the Petitioners. Mahmudul Islam, Attorney-General, Md. Faruq, Deputy Attorney-General — For the State. Criminal Miscellaneous Case......Rahman, submits that the investigation of the case has failed to collect any material or evidence to establish involvement of the petitioner with the Jail killing. He submits that the President could call any Minister or Ministers of State at any time for state business and more closeness to the Pre......odore Golam Rabbani does not throw any light on the activities of the three petitioners. Md. Manik Mia, a khedmatgar in Bangabhaban, who was on duty from 2-00 PM on 2-11-1975 mentions of an emergency meeting in the drawing room of President Khondaker Moshtaque Ahmed at 12 on that night and it was sa..Category: Criminal Law | Date: | Hits: 46
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....tion under section 439 of the Code of Criminal Procedure is to confer the High Court Division a kind of paternal or supervisory jurisdiction in order to correct miscarriage of justice. The revisional power of the High Court Division vested in it by section 439 does not create any right in the litiga......i Ebadul Hoque J AK Badrul Huq J Syed Ahmed…………….Petitioner Vs. Abdul Khaleque and others…………………..Opposite Parties Judgment April 1, 1998. Cases Referred to- Seraj Din vs. Kala and another, PLD 1964 SC 26=16 DLR SC 94; Lalu vs. State, PLD 1959 SC 258 ......he same was not free and voluntary. In the examination under section 342 of the Code, no statement came forth from his mouth with respect to the confessional statement though his attention was specifically drawn to the same by the Court. 25. It appears that the Confessional statement was taken on......, influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43...Category: Criminal Law | Date: | Hits: 42
Harun and others Vs. State, 1998, 27 CLC (HCD)
....the nature of the offence, and if the offence is of a kind in which bail should not be granted considering the gravity of the offence. Court should refuse bail even though the High Court Division’s powers under section 498 of the Code of Criminal Procedure in the matter of granting bail are very w......State ……Respondent Judgment March 9, 1998. Lawyers Involved: MA Wahab, ANM Gaziul Huq, Md. Delwar Hossain and M A Wahab Miah, Advocates - For the Petitioners. MA Rouf, Assistant Attorney-General with Moharnmad Mushfiqur Rahrnan Khan Assistant Attorney–General - For the Responde......n the result, the Rule issued in the three Criminal Miscellaneous case Nos. 310 of 1998, 1212 of 1996 and 142 of 1998 are discharged and the ad-interim bail granted to the respective petitioners is recalled and they are directed to surrender to their respective bail bond forthwith. Rule in Criminal ......direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33...Category: Criminal Law | Date: | Hits: 65
State Vs. Md. Ariful Islam @ Arif, 2010, 39 CLC (AD)
....fences, but that there are sufficient grounds for further inquiry into his guilt and pending such inquiry, he should be released on bail. Since the High Court Division has exercised its discretionary power in the matter of granting bail, this Court normally does not interfere with such power except ......The State..................................Petitioner Vs. Md. Ariful Islam @ Arif.................Respondent Judgment September 28, 2010. Lawyers Involved: M.K. Rahman, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. T.H. Khan......High Court Division has exercised its discretionary power in the matter of granting bail, this Court normally does not interfere with such power except in exceptional cases where such interference is called for in the interest of justice. Learned Additional Attorney General has failed to make out su...... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ..Category: Criminal Law | Date: | Hits: 50
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
....e thus non-alcoholic products within the meaning of Narcotics Control Act, 1990. 3. The respondent Nos. 1 and 2 jointly and the respondent Nos. 5 and 6 separately have entered appearance by filing powers. The respondent Nos. 1 and 2 have jointly and the respondent No. 6 has separately affidavits-......J Crown Beverage Ltd. and another..........................Petitioners Vs. Board of Investment and Others........................Respondents Judgment April 6, 2004. Cases Referred to- Chairman, Board of Intermediate and Secondary Education, Jessore and others vs. Md. Amir Hoss......perly maintaining the same, and for determining standard of an article, the Government used to send the particulars of the article for fixing its standard and since there is no article in the country called "non-alcoholic malt beverage" so, they also did not fix any standard for such an item from be...... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ..Category: Others | Date: | Hits: 182
Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ......zur Rahman, Advocate-on-Record-For Respondent No.1 (In Civil Petition No. 1498 of 2007). Not represented- Respondent Nos. 2-17 (In Civil Petition No. 1498 of 2007). Syeda Afsar Jahan, Deputy Attorney General, instructed by Zainul Abedin, Advocate-on- Record- For Respondent Nos. 1-2 (In Civ...... accordingly the same was rightly recorded in the Khas Khatian No.1 and nobody raised any objection thereto and that Mohamaya Rani Saha and/or her predecessor never possessed the said land and the so called documents of settlement of the suit land in favour of the defendant Nos. 6-7 Shorforaz Uddin ......he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ..Category: Property Law | Date: | Hits: 62
Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....ms Act, 1969 on the basis of Notification No. 38/97 Cus. dated 30-12-97 suffers from want of authority and, as such, the assessment of duty impugned is illegal. It is further contended that delegated power as conceived in section 25(7) of the Act has no relation with the normal market price and, as ...... High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Muzammel Hossain J Friends Corporation….…………..Petitioner Vs. Commissioner of Customs and others……. Respondents Judgment June 23, 1998. Lawyers Involved: AF Hasa......Faridul Alam Chowdhury— For the Petitioner. Shahabuddin Ahmad, Deputy Attorney-General— For the Respondents. Writ Petition No. 511 of 1998. Judgment AM Mahmudur Rahman J. - This Rule calls in question the levy of customs duty on the basis of Tariff value instead of registration valu......For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....n such circumstances, the petitioner is not required to deposit 25% of the deccretal amount and section 32 (2) of the Ain, 2003 would not apply in this case. Section 57 of the said Ain gives inherent power to the Artha Rin Adalat to pass necessary order to meet the ends of justice and therefore, the......……….....Petitioner Vs. The Artha Rin Adalat, Narayangonj and others………….... Respondents Result: The Rule is made absolute. Judgment November 11, 2010. Case Referred to- Md. Delwar Hossain Vs. Bangladesh and others, 24 BLD (HC) 323. Lawyers Involved: Abdur ......xecution of a mortgage decree passed by the Artha Rin Adalat, Narayangonj in Mortgage Suit No. 72 of 1996. She rushed to the Court on 23.2.2010 and obtained an information slip, from which she specifically learnt that respondent No.2 (I F I C Bank Ltd., B B Branch, Narayanganj) had obtained a mortga...... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 183
Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)
.... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......…….. Respondent-Contemner Judgment January 4, 2011. Result: The Contempt Rule is made absolute. The explanation given by the contemner is inconsistent misleading The contemner took different pleas at different stages, committed gross contempt by his willful disobedience to an......ing aggrieved by the said approval order, the petitioner moved the Writ Petition and obtained a Rule and an order for payment of the subsistence allowance, as follows: “Let a Rule Nisi be issued calling upon the respondents to show cause as to why the Memo No. Shanstha/214/8/A-8/2004 dated 27.6......-opposition sworn on 7.4.2009 the contemner reiterated that the Additional Deputy Commissioner (Education), Rangpur and the Chairman of the Managing Committee had not signed the bill and decided in a meeting not to approve it on the plea that he was not a party to the Contempt Petition. He further s..Category: Criminal Law | Date: | Hits: 68
Shahina Begum Vs. Bangladesh, 2003, 32 CLC (HCD)
....any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224.......erred To- Habiba Mahmud Vs. Bangladesh & others, 45 DLR (AD) 89. Lawyers Involved: Shafique Ahmed with Nitai Roy Chowdhury, Advocates‑For the Petitioner. Ahasan Mahbub, Assistant Attorney‑General‑For the Respondents. Writ Petition No. 871 of 2003. Judgment Amirul Kabi......rul Kabir Chowdhury J.- At the instance of the petitioner Moshammat Shahina Begum this Rule was issued on her application under Article 102 (2)(b)(i) of the Constitution of the People's of Bangladesh calling upon the respondents to show cause as to why her husband the detenu Md. Solim Ullah Solu, so......any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224...Category: Criminal Law | Date: | Hits: 55
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