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Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....s Involved: Helal Uddin Mollah, Advocate- For the Petitioner. Md. Shohrowardi, Deputy Attorney General- For Respondents. Jail Petition No.15 of 2010. (From the judgment and order dated 30thOctober, 2007 passed by the High Court Division in Death Reference No.74 of 2004 with Jail......f Criminal Procedure was recorded on 08.05.2004. The occurrence took place on 16.05.2003 and therefore the accused was aged only 24 years at the time of occurrence. In this regard we may refer to the decision reported in 13 DLR 203 in the case of State Vs. Tasiruddin. That case was one where the dea..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... Adjudication issued on 02.11.2011 was in the following terms: "Let a Rule Nisi issue calling upon the respondents to show cause as to why the order Vide Memo No.38.210001.01.019. 2011/233, dated 3-7-2011 (Annexure-E) issued by the Director (Monitoring-2), Compulsory Primary Education Impl......stop the Government portion of salary of the petitioners and accordingly the respondent No.6 issued a letter to the respondent No.7 for appropriate action. The petitioners being dissatisfied with the decision of the respondents preferred this writ petition and obtained the present Rule. 4. Mr. ..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
....l Haq, Senior Advocate instructed by Md. Habibur Rahman Miah, Advocate-on-Record— For the Respondents. Civil Petition for Leave to Appeal No.1953 of 2012. (From the judgment and order dated the 5th day of June, 2012 passed by the High Court Division in Writ Petition Nos.8556 with 892...... or their reports were not filed by filing any affidavit. It is to be kept in mind that it is the Court not the party which sought the assistance of the experts for arriving at a proper and fair decision of the issue involved in the writ petition. It is to be further kept in mind that in the wr..Category: Others | Date: 22 Nov, 2012 | Hits: 20
MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)
.... M Enayetur Rahim J. - Supplementary affidavit filed today do form part of the main application. 2. This is an application filed by the accused-petitioner for re-calling the Judgment and order dated 4-7-2012 passed by a Division Bench of this Court discharging the Rule. 3. At the instanc......n a criminal case, the Division pronouncing the judgment becomes functus officio. Neither the pronouncing bench nor any bench of the High Court Division has any power to revise, override or alter the decision or interfere with it in any way, even though the learned judges arrived at a wrong decision..Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
.... Farook, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants Ex-parte-For the Respondents Civil Appeal No.108 of 2005. (From the judgment and decree dated 2nd July, 2003 passed by the High Court Division in Civil Revision No.2387 of 1995). Jud......nto that legal aspect, the High Court Division came to a finding that the pre-emptors could not prove that they have also interest in R.S. Khatian No.3838. 15. The findings arrived at and the decision made by the High Court Division are based on wrong appreciation of laws and facts and as s..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....f 2010. Judgment Md. AshfaquI Islam J. - At the instance of the petitioner, Md Azizur Rahman, this Rule Nisi was issued calling upon the respondents to show cause as to why the Order No. 19 dated 9-9-2009 (Annexure-D-2) issued by the Joint District Judge and Artha Rin Adalat, 1st Court, Je...... learned counsel submits that this Rule should be made absolute. 5. Mr. SM Moniruzzaman, the learned Advocate for the respondent-bank on the other hand, opposes the Rule. Placing reliance in the decision of Setara Begum Vs. Al-Arafah Islami Bank Ltd 61 DLR 791= 14 MLR 480 he submits that the su..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....al No.1205 of 2007 and the Jail Appeal Nos.281 of 2007, 291 of 2007 and 303 of 2007, at the instance of the condemned-prisoners, are directed against the judgment and order of conviction and sentence dated 03-04-2007 passed by Mr. SM Solaiman, Additional Sessions Judge, 6th Court, Dhaka in Sessions ......trial Court for fresh from the stage of examination of the accused under section 342 of the Code of Criminal Procedure. In support of this submission, Mr. Md. Afzal Hossain draws our attention to the decision in the case of Sohel @ Sawullah © Sohel Sanaullah Vs. State reported in 63 DLR (AD) 10..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....upon the respondents to show cause as to why the assessment of the Customs duty and other charges of the imported goods of the petitioner covered under the Letter of Credit being No.108111010300 dated 20-9-2011 Invoice No.2011/2703/EXP dated 21-10-2011, dated CRF No.BVIIIdop 29 dated 27-10-2011......o Annexure-"A" submits that the respondents themselves suggested the assessment should be made in accordance with Rules 4 or 5 of the Valuation Rule, 2000 but in utter defiance of their own decision they straight away resorted to Rule 7, that is, the deductive method and made the assessmen..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....us Samad Azad, Advocate—For the respondent No.1. First Miscellaneous Appeal No. 165 of 2011. Judgment Sheikh Abdul Awal J.- This appeal is directed against the judgment and order dated 28-5-2005 passed by the learned Joint District Judge, 2nd Court (in-charge), Gazipur in Miscel......eavy traffic jam could not reach in the Court premises at district Gazipur from Dhaka in time for taking step of her case and thus fell into an error of law resulting in an error in the impugned decision occasioning failure of justice. 10. Mr. Arshed, finally submits that both the witnesse..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
.... Humayun, Senior Advocate, Fazlee-nor-Tapash, Advocate, instructed by Zahirul Islam, Advocate-on-Record—For the Respondent. Criminal Appeal No.20 of 2005. (From the judgment and order dated 15-6-2005 passed by the High Court Division in Criminal Appeal No.3850 of 2003) Judgment......e materials on record. It has been Held in State of Uttar Pradesh Vs. Ram Kishun, AIR 1976 SC 2304, 'It is well settled that in an appeal against acquittal this Court is slow to interfere with the decision of the High Court even though it has interfered with the conviction by the trial Court, wh..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
....sain Humayun, Senior Advocate, Fazlee-nor-Tapash, Advocate) instructed by Zahirul Islam, Advocate-on-Record- For the Respondent. Criminal Appeal No.20 of 2005 (From the judgment and order dated 15.6.2005 passed by the High Court Division in Criminal Appeal No.3850 of 2003) Judgment...... materials on record. It has been held in State of Uttar Pradesh Vs. Ram Kishun, AIR 1976 SC 2304, 'It is well settled that in an appeal against acquittal this Court is slow to interfere with the decision of the High Court even though it has interfered with the conviction by the trial Court, wh..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....pondents (In Civil Petition No.2198 of 2011) Civil Petition for Leave to Appeal No.2199 of 2011. With Civil Petition Nos.1671-1672 and 2198 of 2011. (From the judgment and order dated the 10th day of February, 2011 passed by the High Court Division in First Appeal No.357 of 200......ecided that since defendant No.3 was a government servant, RAJUK would collect particulars as to his job from the concerned Department and then the Standing Committee would be informed about the decision of the sub-committee. On 16-9-2004, the Secretary, RAJUK requested the concerned ..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....Negotiable Instruments Act, 1881 [XXVI of 1881]; Section 138 The cheque was dishonored for insufficient fund; and legal notice was issued and served on 7-9-2009 and within next 30 days from the date of cause of action, the case was filed on 7-10-2009. The question of prematurity does not arise......ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ..Category: Others | Date: 11 Nov, 2012 | Hits: 8
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Civil Revision No. 4890 of 2010
Judgment
Soumendra Sarker J.- This Rule have been issued calling upon the opposite party No.1to show cause as to why the impugned judgment and decree dated 07.07.2010 and 12.07.2010 respectively passed by the learned Special District Judge and Judge,......have decided that the order of termination passed by the defendant-opposite party No.1 was illegal and without jurisdiction. The appellate Court committed an error of law resulting in an error in the decision occasioning failure of justice in affirming the judgment and decree of the trial Court inas..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....ng upon the pposite-parties to show cause as to why the impugned proceedings of Special Case No. 23 of 2007 arising out of ACC GR No. 25 of 2007 corresponding to Motijheel Police Station Case No. 140 dated 29-3-2007 under sections 409/109 of the Penal Code read with section 5(2) of the Preventi......disclosure of any offence against the petitioner is a good ground for quashing the impugned proceedings. Learned advocate, in support of his submissions, has drawn our attention to the decisions taken in the cases of Abdul Quader Vs. State reported in 28 DLR (AD) 38, AliAkkas Vs. Enay..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ion No. 4123 of 2011. Md. Ashfaqul Islam J. - At the instance of the petitioner, Md. Mosharef Hossain, this Rule Nisi was issued calling upon the respondents to show cause as to why order No. 14 dated 8-5-2011 (Annexure-D-1) passed by the learned Judge, Artha Rin Adalat and Joint District Judge......reetal amount may be paid of by private selling of the mortgaged property, and in all fairmess that should be allowed. Time should be reasonable as it has been allowed in the above mentioned two decisions of this Division……….(9) Cases Referred to- Khorshed Alam Vs..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
....by Muhammad Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented- For Respondent No.2. Criminal Petition for Leave to Appeal No. 656 of 2012. (From the judgment and order dated 25th September, 2012 passed by the High Court Division (Vacation Bench) in Criminal Miscellane......e learned Advocate appearing on behalf of the petitioner submits that the High Court Division committed serious illegality in quashing the proceedings in the midst of the trial in misinterpreting the decision reported in 62 DLR (AD) 233 in the case of Habibur Rahman Mollah Vs. the State. Hence, the ..Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....e), for confirmation of death sentence of condemned-prisoner. 2. By the above appeals the appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 23.05.2007 passed by learned Judge, in Sessions Case No. 14 of 1996 convicting the appellant u......l Haq and others Vs. The State 14 BLT 485, Fazu alias FazlurRahman Vs. The State 1 BLC 558, Rekatfullah Vs. The State 13 DLR-750. It is further held in the case reported in AIR 1921 (PC) 69, that the decision of the Court must rest upon legal ground established by legal testimony from the prosecutio..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
....vocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.923 of 2009. (From the judgment and order dated 14.01.2009 passed by the High Court Division in Civil Revision No.6944 of 2001.) Judgmen......, both oral and documentary adduced by the plaintiffs, found plaintiffs title and possession in the suit land and the High Court Division did not find any wrong or illegality in those findings and decision of the appellate court below. In the circumstances we do not find any reason to interfere ..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....None represented-For the Respondents (In both cases) Civil Petition for Leave to Appeal No. 648 of 2010. with Civil Petition No. 434 of 2011. (From the judgment and order dated the 10th day of January, 2010 and the 3rd day of February, 2011 passed by the High Court Divis......of the Ain, 2003 before the Adalat which was absolutely question of fact and such question of fact could not be decided in writ jurisdiction. For this proposition, the High Court Division relied on a decision of this Division in the case of Abdul Hamid Khan Vs. Mia Nurul Islam 42 DLR (AD)49; second ..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
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