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Maku Rabi Das Vs. State, 2013, 42 CLC (AD)

.... Md. Helal Uddin Mollah, Advocate-For the Petitioner. Momtaz Uddin Fakir, Additional-Attorney-General-For the Respondent. Jail Appeal No.3 of 2007. (From the judgment and order dated 21st November, 2005 passed by the High Court Division in Death Reference No.105 of 2003 with......estigating officer and other prosecution witnesses. 19. Considering these  facts  and  circum­stances attending the occurrence we find no scope to interfere with the concurrent decisions of the High Court Division as well as the decision of the trial court because such an omi..

Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16

Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)

....rdship, the Chief Justice of Bangladesh for disposal are taken together for analogous hearing as the matter involved in those Writ Petitions are identical one arising out of Motijheel PS Case No. 140 date 29-3-2007 corresponding to ACC GR Case No. 25 of 2007 punishable under sections 409/109 of the ......hy;sion, which can be ignored by the prosecution taking the matter in his own manner in order to regulate the proceeding of the Court. In support of his contention the learned advocate has referred a decision of a case Anti-Corruption Commission Vs. Sheikh Hasina Wazed reported in 60 DLR (AD) 172 wh..

Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4

Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)

....ima Nasrin, Advocate—For the Opposite-Party. Civil Revision No. 4682 of 2009. Judgment Soumendra Sarker J.— The Leave was granted to decide as to whether the impugned order dated 18-10-2009 passed by the learned Additional District Judge, 8th Court, Dhaka in Civil Revision...... submits that the learned first revisional Court in passing the impugned judgment and order committed no illegality or irregularity or non-consideration of material facts resulting in an error in the decision occasioning failure of justice by which it can be held that the impugned judg­ment and ..

Category: Property Law | Date: 6 Mar, 2013 | Hits: 3

Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)

....the Appellant. Abdul Matin Khasru, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondents. Civil Appeal No.101 of 2010. (From the judgment and order dated 23rd day of July, 2009 passed by the High Court Division in Writ Petition No.9675 of 2008). ......of legitimate expectation has to satisfy that he relied on the representa­tion of the authority and the denial of that expectation would work to his detriment. The court can interfere only if the decision taken by the authority is found to be arbitrary, unreasonable or in gross abuse of power or..

Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17

Sayeda Kamrun Jahan Chowdhury Vs. Judge, Artha Rin Adalat No.1, Court Hill, Police Station-Kotwali, District-Chittegong and others, 2013, 42 CLC (HCD)

....an application under Article 102 of the Constitution of the People's Republic of Bangladesh this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order No.11 dated 20-1-2011 passed by the learned Judge of the Artha Rin Adalat No.1, Chittagong in Artha Rin Ex......ule but it will not confer any title upon auc­tion purchaser and the property of the judgment-debtor was not in fact sold in auction. In support of the argument the learned Advocate referred to a decision of Rokeya Begum Vs. Md. Nurul Absar reported in 9 MLR (AD) 285 = 9 BLC (AD) 169. 5. Mr..

Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3

Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)

....ons filed by 4(four) accused petitioners challenging the proceeding of Special Case No. 56 of 2003 (formerly Metropolitan Special Case No.72 of 2003) arising out of Tejgaon Police Station Case No. 34 dated 07.08.2002 corresponding to BAC B.R. No. 81 of 2002, under sections 409/418/109 of the Penal C...... floated international Tender for such purchase. CSTC, China bid for the supply of F22B Frigate and its bid was the lowest in the tender floated in 1995- 1996, but without showing any justification a decision was made to purchase Frigate from Daewoo Corporation of South Korea. The decision was taken..

Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82

Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)

....fur Rahman Mondal and Sheikh Mohammad Morshed, Advocates) instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Appeal No. 53 of 2011. (From the judgment and order dated 3-8-2010 passed by the High Court Division on First Appeal No.281 of 2008.) Judgment ...... the 4th September, 1950 when he attempted to fix a period of ten days for the performance. The court noticed the views taken by the Judicial Committee in Jamshed Khodaram Irani and two other English decisions and answered the ques­tion in the negative observing "The answer must clearly be ..

Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42

Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corpora­tion and others, 2013, 42 CLC (AD)

....er. MA Samad, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.550 of 2010. (From the judgment and order dated 18-8-2009 passed by the High Court Division in Writ Petition No.4806 of 2004). Judgment ......rchase those shares of respondent No.1. According to Clause 2.2 of the tender schedule, the deci­sion of the authority is to be taken within 30 days from the date of opening of the tender. But no decision was communicated to the writ-petitioner within the stipulated period according to the terms..

Category: Others | Date: 14 Feb, 2013 | Hits: 10

Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)

....ation filed under section 115(1) of the Code of Civil Procedure at the instance of the plaintiff-respondent-petitioners calling upon the Opposite-Party to show cause as to why the judgment and decree dated 3-11-2010 passed by the learned Joint District Judge, 3rd Court, Barisal in Title Appeal No.11......Advocates further submits that during disposal of the appeal there has been glaring misreading and non-reading of the evidence and non-consideration of the material facts resulting in an error in the decision occasioning failure of justice. The learned Advocates also submits that the findings on pos..

Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8

AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)

....interest in the local politics. On 16-6-2011 rule was issued in the following terms:— "Let a rule nisi issue calling upon the respondents to show cause as to why the noti­fication dated 2-2-2011 so far as it relates to Serial No. 1 declaring of Sarwar Kamal as Mayor of Cox's ......s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in:  65 DLR (HCD) (2013) 539     ..

Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3

Mohammad Elias Vs. Commissioner of Customs, Chittagong and others, 2013, 42 CLC (HCD)

....tant Attorney General-For respondent No.1. Writ Petition No.4251 of 2004. Judgments Md. Ruhul Quddus J.-This rule nisi at the instance of an importer was issued calling in question the order dated 03.06.2004 of the Customs authority passed in nothi No.S-2/69/ Misc./AP/Section-1/2003-2004 de......ms Valuation Rules, 2000 considering the documents of the petitioner and to return the bank guarantee, if the amount was due after such final assessment. 6. Mr. Sikder also refers to an unreported decision of the Appellate Division passed analogously in Civil Petitions for Leave to Appeal No.993-..

Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59

Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)

....sed-petitioner, a Rule was issued calling upon the opposite-parties to show cause as to why the impugned proceedings of Special Case No. 22 of 2007 arising out of Dhan-mondi Police Station Case No.71 dated 19-9-1998 under section 4(2) of the Anti-Corruption Commis­sion Act, 1957, now pending bef......minary enquiries became satisfied that the petitioner was in possession of pecuniary resources or properties which were disproportionate to his known source of income. Thereafter, on the basis of the decision of the Government, the Bureau of Anti-Corruption issued a notice being Memo No.২৩৩/à§..

Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8

Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)

....lling upon the opposite-parties to show cause as to why the impugned proceedings of Special Case No. 6 of 2010 corresponding to OR No. 19 of 2009 aris­ing out of Sonatala Police Station Case No.2 dated 1-2-2009 under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004, now pendi......me specific grounds, one of which must be available to invoke the extraordinary power of the High Court Division under section 561A of the Code of Criminal Procedure. 11. The relevant portion of decision may be quoted below: "In the case of Abdul Quader Chowdhury Vs. the State reporte..

Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3

Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)

.... of the main application. 34. By filing this application under section 10(1) (a) of the Criminal Law Amendment Act, 1958 the accused-petitioner has challenged the legality of the order dated 18-10-2012 passed by the learned Special Judge, Special Court No. 3, Dhaka in Special Case No....... placing the impugned order and other materials on record submits that the learned Special Judge misread and misconstrued the judgment passed by the Appellate Division and erroneously came to a wrong decision without appreciating the pertinent fact that in the said case the applicability of section&..

Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11

Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)

....ts.   Civil Petition for Leave to Appeal No.927 of 2009. Judgment Syed Mahmud Hossain J. - This civil petition for leave to appeal is directed against the judgment and decree dated 16.02.2009 passed by the High Court Division in First Appeal No. 146 of 2002 dismissing the a......that he did not make any attempt for construction of the Mondir in the suit land and that there was no proper committee for management of the debutter property. The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of law and fact do..

Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14

Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....spondent no. 2. Writ Petition No.7903 of 2011. Judgment Md. Ruhul Quddus J.-This Rule nisi was issued calling in question the legality of an order as contained in MemoNo.CJM/LB/13(Ka) 68 dated 4.8.2011 issued by the General Manager, Crescent Jute Mills Ltd. terminating the writ petition......bitrary and motivated and the Management has not yet responded thereto, we think it would be just and proper if the Management of Crescent Jute Mills Ltd. considers the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain..

Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101

Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013

....oner has completed all official formalities in order to get MRP Passport and thereafter, respondents were given a "Delivery Slip" bearing reference No. 260100000327956 in which the delivery date was stipulated on 8-12-2011. Despite the date was fixed for delivery of MRP Passport on 15...... whether right to travel or right to passport is a part of freedom of movement. In order to get the answer of this question we can referrer the citation of Kent Vs. Dulles, (1958) 2 L Ed 1204. By the decision of the Supreme Court of America for the first time had defined the scope of passport. There..

Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2

Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)

.... it registered showing that the informant and his brother empowered with him to transfer the schedule property. The owners did not execute such deed. In creating the registered power of attorney deed dated 16-11-2006, the accused nos.2-4 had involvement. Subsequently, the petitioner (FIR -named accu...... discharged at the time of charge hearing and before the stage of hearing charge, initiation of the criminal proceeding by taking cognizance should not be interfered with. He relied on the cited case decision of 13 MLR (AD) 157. 10. We have gone through the aforesaid case decision and it appear..

Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4

Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)

....n of tea being about 5.20 million kgs; that 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 va......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. ..

Category: Company Law | Date: 9 Jan, 2013 | Hits: 13

Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)

....or and of the essential facts that he has to meet or in the alternative, to warn the accused of the case he is to answer. It shall contain 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......ereinbefore contained", that is to say, the aforesaid section will prevail over section 537…………………………(7) No defect or irregularity in the form of the charge will affect a decision unless failure of justice has been caused……………………………(6) The Co..

Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10