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Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....not consider the other charge. These two charges are distinct and the essential elements for constituting an offence of criminal conspiracy and those of abetment of an offence of murder are completely different. This wrong approach of the High Court Division in disposing of the charge......li Bhutto Vs. State, PLD 1979 SC 53; Maj. Md. Bazlur Huda Vs. State, ADC Vol. VI(A) 1; Shama Rao Vs. Union Territory of Pondicherry, (1967) 2 SCR 650; Nazir Hussain Vs. Muhammad Shafi, 17 DLR (SC) 40 and Abul Kalam Azad alias Ripon Vs. State, 58 DLR (AD) 26. State Vs. Abdur Rashid Piada alias Abdur ...... also did not explain the reason for not riling the original copy. Where the contents of any document are in question, either as a fact in issue or a sub-alternate principal fact, the document is the proper evidence of its own contents, and all derivate proof is rejected until its absence is account......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Monindra Nath Biswas ......................Petitioner Vs. Kantaram Mondal and others................Opposite Parties Judgment July 31, 2012. Result: The R......e learned Additional Assistant Judge, 3rd Court, Khulna in Title Suit No.192 of 1990 should not be set-aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. This Court by order dated 27-10-1999 directed the parties to maintain status quo in ......his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
....oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ......gh Court Division (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J MA Gafur...............................Petitioner Vs. Registrar of Joint Stock Companies and Firms & ors..................Respondents Judgment July 31, 2012. Result: ...... meetings and the meetings of the board of directors and to alter the provisions of Article 14 and 16, respectively, of the Articles of Association of the respondent 5 company, by following proper procedure to be followed for effecting such alteration as per law. They shall also file copie......oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ...... Md. Ashraful Kamal J Energy Prima Ltd……………………………...Petitioner Vs. People's Republic of Bangladesh and others...............Respondents Judgment July 29, 2012. Result: Both......@ 4% from the Monthly Rental and Energy Payment of the petitioner under the said Contract No. 09689 dated 16-1-2003 and/or pass such other or further order or orders as to this Court may seem fit and proper. 3. In both the Petitions Rule were issued in common terms where only the contract and r......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......ghest echelon. Before making any decision on the basis of the application filed by the investigating agency by the learned Magistrate, the learned Judges usurped the power of the learned Magistrate and made the direction. To say otherwise, though the Code of Criminal Procedure authorized a Magistr......spondent into the judicial custody. The learned Magistrate also noticed from materials on record that the accused was sick and accordingly, directed the Jail authority to make arrangement for his proper treatment. 3. This order sufficiently indicated that despite the prayer for police remand,......ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......ed in: 21 BLT (HCD) (2013) 28 ......2, pending in the Court of Magistrate, 1st Class, Cognizance Court No.1, Moulvibazar Sadar, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule is that the complainant filed C.R. Case No.2...... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ...... Result: The appeal is allowed. Confessional statement, not a verbation statement of the accused The facts of confessional statement are being gathered by a Magistrate on question and answer basis. So the recorded confessional statement can not be the verbatim statement of the ac......port was Meherpur P.S, Case No.12 dated 22-9-1996 is earlier which was lodged by the appellant himself regarding the occurrence took place in the room of the accused-appellant. But the police without proper investigation submitted final report in the said Meherpur PS Case No. 12 dated 22-9-1996 as t......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......n) Present : Hasan Foez Siddique J ABM Altaf Hossain J AKM Shafiuddin.......................… Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others..................................… Respondents Judgment ......nner as a Judge. (5) Where, upon any information received from the Council or from any other source, the President has reason to apprehend that a Judge – (a) may have ceased to be capable of properly performing the functions of his office by reason of physical or mental incapacity, or (...... House is the essence of Parliamentary democracy, certain restrictions on this freedom have, to a limited degree, been self imposed. One of such restriction is that the discussions on matters pending adjudication before courts of law should be avoided on the floor of the House, so that the Courts fu..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Nalu Vs. State, 2012, 41 CLC (AD)
....e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ...... Lawyers Involved: A. B. M. Bayezid, Advocate- For the Petitioner. Md. Shahrowardi, Deputy Attorney General- For the Respondent. Jail Petition No. 09 of 2010. (From the judgment and order dated 10th November, 2009 passed by the High Court Division in Death Reference No.78 of 20......equently, there was no trace of the victim and that the following day, the dead body of Emran was recovered from maize field of the condemned-prisoner. Those findings of the Courts below are based on proper appreciation of evidence on record. 14. The High Court Division and the trial Court fou......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
.... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ......ah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J A.N. Istiaq Ahmed.......................................Petitioner Vs. Abdus Salam Khan and others...................Respondents Judgment July 19, 2012. Result: The petition is......eration under a neutral body. 12. Giving our anxious thought to the consensus of both parties to hold the election of the Executive Committee of the Federation under a neutral body, we consider it proper to constitute a three-member Election Commission with Mr. Kamal-ul Alam, a senior Advocate of...... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
....ted 21.02.2007 corresponding to G.R. No.40 of 2007, pending before the learned Special Judge, Rangpur should not be declared to be without lawful authority, inasmuch as the investigation could not be completed within the stipulated period of 60 (sixty) days as provided under rule 10 of the Anti-Corr......
This Case is also Reported in:
......15 working days. The Commission, however, under rule 10(3) shall also appoint an officer not below the rank of Deputy Director to look into whether the Investigating Officer is discharging his duties properly. Under sub-rule (4) the Commission has the authority to initiate departmental proceedings a......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law.
Abdur Rob J. - I agree.
Ed.
This Case is also Reported in:
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Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
....e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Aysha Siddiqua ..............................Petitioner Vs. Fazilatunnesa and other...................Respondents Judgment July 15, 2012. Result: ......vision as well as the courts below have committed serious error of law and also injustice in decreeing the suit without considering the legal aspects and without assessing the evidence on record properly; the learned advocate has argued to the effect also that if the impugned judgments of the c......e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)
....ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......n CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Rafiqul Islam and others....................................Petitioners Vs. Md. Azmal Hossain and other......x-parte and pursuant to the decree, the decree-holder-Rupali Bank, Uttara Model Town Branch put the decree in execution. The decree-holder bank obtained a certificate in respect of the mortgaged property under section 33(5) of the Artha Rin Adalat Ain, 2003 and then at its instance the mortg......ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ..Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16
....r the respondent contemner, having placed the petition and offering unqualified apology (on behalf of his client) before this Court, submits that the respondent-contemner was, indeed, willing to complete jobs assigned to his firm and out of that bonafide intent he had only retained the document......d in: 65 DLR (HCD) (2013) 237
......-7-2012 by the contemner i.e. only after the rule was issued on 20th June, 2012. As such, he submits, that the charge of committing contempt has been proved beyond reasonable doubt and that this is a proper case warranting appropriate punishment for committing contempt of Court.
6. I have heard......is acquitted from the charges brought against him.
The Rule is disposed of accordingly.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 237
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Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
....ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ...............Petitioner Vs. Janata Bank, Ullapara Branch, Sirajgonj........Respondent Judgment July 8, 2012. Result: The petition is disposed of. Lawyers Involved: Mohammad Ali Akanda, Advocate instructed by Haridas Paul, Advocate-on-Record-For the Petitioner. Awlad Ali, Seni...... the said execution case was renumbered as Artha Execution Case No.235 of 2004 before the Artha Rin Adalat, Sirajgonj and in the execution case, notice was published for auction sale of the mortgaged property. The petitioner participated in the said auction on 21.01.2008, but failed to succeed. Ther......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
.... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ......ioner. Syed Shaheed Hossain, Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 2208 of 2011. (From the judgment and order dated the 16th day of May, 2011 passed by the High Court Division in Writ Petition No.8824......to appear or to defend shall not be declared to have been passed without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper.” 9. From the impugned judgment and order, it appears that the Division Bench which he...... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
.... the case having been in the special knowledge of the petitioner he ought to have been impleaded as a party before the respondent No. 2 for the purpose of deciding the issue involved in the case completely and effectually but this aspect of the case has not been considered by any of the courts ......slam Chowdhury J Mohammad Ullah J City Bank Ltd……………………......................Petitioner Vs. Labour Appellate Tribunal and others ..........Respondents Judgment July 7, 2012. Result: The rule is made......49 of 2011 should not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to this court may seem fit and proper. 2. Facts in a nutshell relevant for the purpose of disposal of this rule are that ......le of law for addition of party in a proceeding particularly which is of civil nature is that the court concerned has to consider whether the presence of the applicant is necessary for the purpose of adjudication of the dispute in question completely and effectually and in doing so we find that ques..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......igh Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Ancient Traders Limited, Facy Building (2nd Floor), 87 Agrabad C/A, Chittagong-4100 and others……………………………Petitioner Vs. Chittagong Port Atuthority, Ban......ty point and start taking of cargo/container from jetty point to shed/yard, where necessary staffs and required equipment are arranged. 24. The Berth Operator has to stack the cargo/container properly at shed/yard and has to maintain documentation. 25. The Authority, however, realizes......and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... their name were disclosed in the confessional statement made by co-accused Abdul Karim. He also submits that nothing was recovered from their possession. He further submits that the police could not complete the investigation within the time limit mentioned under section 167(5) of the Code of Crimi...... can not be based solely on co-accused’s confession It is settled law that conviction can not be based solely upon the confession made by a co-accused as against the non-confessing accused and there is nothing to disagree with this settled position of law.......... (17) Confession, n...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148 ......has always , True to Form, Stepped in to Mitigate the Rigours of Strict Law- The doctrine of promissory estoppel has been variously called 'equitable estoppel', 'quasi estoppel' and 'new estoppel'. It is a principle evolved by equity to avoid injustice and through commo......dated 27-3-2010 (Annexure-A2) in compliance with the aforesaid Memos dated 17-3-1997 and 5-5-02010 (Annexure-A and A-1) and/or why such other or further order or orders as this Court may seem fit and proper should not be passed. 2. The facts leading to the issuance of the Rule, in brief, is tha......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148 ..Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3
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