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Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)

....ces of fine suo moto in the absence of filing revision petitions by the complainant. The petitioner was convicted in the cases pursuant to complaints made by the complainant. Section 417A empowers the complainant to prefer appeal to the appellate Court against the sentence on the grou......llip;………………….......Respondent (In at the cases) Judgment March 12, 2012. Result: The petitions are disposed of. Case Referred to- Ramashraya Chakrabarty Vs. State of MP AIR 1976 SC 392. Lawyers Involved: Chowdhu...... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ...... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ..

Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122

Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... of the luggage, from time to time, in all the airports in order to stop illegal earning from the luggage. iv) to organize on line ticket booking system by the Biman. v) to form a high power committee to monitor all purchase and expenditure of the Biman and empower the said committee......r Rahman, advocates-for the respondent No.2. Writ Petition No.10027 of 2011. Judgment Mirza Hussain Haider J. - The petitioner obtained this Rule Nisi calling upon the respondents to show cause as to why the decision to automatically upgrade the high profile state dignitaries, s......alul Hossain with Mr. Mejbahur Rahman, advocates-for the respondent No.2. Writ Petition No.10027 of 2011. Judgment Mirza Hussain Haider J. - The petitioner obtained this Rule Nisi calling upon the respondents to show cause as to why the decision to automatically upgrade the high...... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17

Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)

....al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ...... Rule 10 To secure justice, it is essential that a complete investigation is carried out by the Investigation Officer (IO) The investigation conducted by the IO was incomplete and contradictory. The two vital issues of the case were - a) the authenticity of the surplus status of the 11 ac......e Ministry of Establishment…(28b). The cognizance order and the charge framing order are therefore set aside for enabling further investigation, however the quashment of the proceedings is not called for, due to the allegations of creation of false documents...............(27) Lawyers In......981 and 1982. 8. Mr. Alam, the learned Advocate, next submits that, in the re-organisation scheme taken by the then Government, the said two organisations were abolished by a decision taken in a meeting held on 9th April, 1982 and presided over by the then Chief Martial Law Administrator, and, ..

Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9

Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)

....te the company to mortgage its property in order to secure any loan which may be availed by the company. 3. The learned Advocate Mr. Mohammad Hedayet Hossain, further submits that the general power to borrow by the company was already provided in the memorandum of association under object s......is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ...... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ......learned Advocate Mr. Mohammad Hedayet Hossain, appearing on behalf of the petitioner, submits that by way of resolution dated 25.1.2012 the company DULAL BROTHER LIMITED in a extra-ordinary general meeting decided to amend its object clause to include a new clause, being sub-clause No. ............

Category: Company Law | Date: 4 Mar, 2012 | Hits: 28

Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)

....of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......t the said benefit of absorption……………………(20) Lawyers Involved: K.M. Hafizul Alam, Advocate - For the Petitioner Nos.2, 3 and 6. Shafiul Basher Bhandery, Deputy Attorney-General - For the State. Khurshid Alam Khan, Advocate - For the ACC. Crimin...... of the above we hold that the investigation conducted by the IO was incomplete and further investigation should be directed for securing the ends of justice. The quashment of the proceeding is not called for. However the cognizance order and the charge framing order should be set aside for enabli......us employees, appointed them to the various posts under Land Ministry. 16. Against such allegations, the petitioners have filed photo copy of a letter dated 21-4-1982 showing the decision of the meeting presided over by the then Chief Martial Law Administrator wherein a decision was taken for..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37

Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)

....�………………..Opposite-Party Judgment March 4, 2012. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A Inherent power of the High Court Division The inherent power of the High Court Division as mentioned under......nherent power of the High Court Division as mentioned under section 561A of the Code can be exercised only for either of the three purposes specifically mentioned in the section which are, firstly, to give effect of any order under the code, secondly, to prevent abuse of the process of the Court a...... Inherent power of the High Court Division The inherent power of the High Court Division as mentioned under section 561A of the Code can be exercised only for either of the three purposes specifically mentioned in the section which are, firstly, to give effect of any order under the code, sec......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117

Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

.... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ......er. Abdur Razzaque Khan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent No.1. Not represented-For Respondent No.2. Criminal Petition for Leave to Appeal No.113 of 2010. (From the judgment and order dated 18.02.2010 passed by the High Cour......ould not get any relief against opposite-party No.1. 12. The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. ...... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ..

Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238

Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)

....ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......Involved: Md. Nasiruddin Chowdhury, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Not represented-For Respondent. Criminal Petition for Leave to Appeal No.32 of 2010. (From the judgment and order dated 22nd October, 2008 passed by the Hi......ode and his sentence thereunder is fully justified by the evidence and materials on record. The decision of the High Court Division being based on proper appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. ......ittagong, where he succumbed to his injuries at 3.30 p.m. on that day. The further case of the prosecution is that, the accused persons at the instance of Golam Mawla and Nurul Islam, at a secret meeting at night, made a plan, with a view to take forcible possession of the disputed boundary an..

Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78

Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)

....the case by their respective evidence. The learned Judge rightly passed the judgment and order of conviction and sentence. There is nothing to interfere with by this Court in exercise of its inherent power under section 561A of the Code. 14. We have considered the submissions of learned Assista......ite Party Judgment February 29, 2012. Result: The Rule is made absolute. Lawyers Involved: No one appears - For the Petitioner. Mrs. Syeda Rabia Begum, Assistant Attorney General- For the Opposite Party. Criminal Miscellaneous Case No.10245 of 2005. Judg......ed 22.4.1998 and after investigation submitted charge sheet on 8.12.1998 against all the accused under sections 10(2) and 14 of the Nari-o-Shishu Nirjatan Damon (Bisheh Bidhan) Ain, 1995 (hereinafter called the Ain). 4. The case, after being ready for trial, was sent to the Nari-o-Shishu Nirjat......cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:..

Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168

Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)

....at "High Court can interfere under section 115 where the lower Court judgment based on conjecture; 'Finding based on facts is binding on the High Court both in its exercise of the revisional powers as also of its appellate Courts", and also the case of Sontosh Kumar Chakraborty Vs. MA ......olute. As per section 54 of Transfer of Property Act sale is a transfer of ownership i.e. actual sale and actual sale means transfer by registered document and unless agreement/bainama converted to a registered sale deed it merely an agreement binding the parties to the agreement, not a transfe......nterfering in revisional jurisdiction. Along with error of law it is to be demonstrated that a failure of justice has been occasioned by that error of law and only this interfere by this Court can be call for." Submits that unless the appellate Court's judgment is perverse, High Court Divis......s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191 21 BLT (HCD) (2013) 39 ..

Category: Property Law | Date: 23 Feb, 2012 | Hits: 6

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e made absolute without any order on costs. The authorities are directed to stop collection of user fees at the government hospitals forthwith. Ed. This Case is also Reported in: ....... Lawyers Involved: Manzill Murshid, Advocate-For the petitioner. Abdul Baset Majumder with M. Sayed Ahmed, Advocate-for the Respondent No. 5. A.B.M. Altaf Hossain, Deputy Attorney General with Ms. Yehida Zaman, Assistant Attorney General-For the Respondents. Writ P...... Writ Petition No. 9587 of 2010. Judgment AHM Shamsuddin Choudhury J.- The Rule under adjudication, issued on 02.12.2010, was in following terms: “Let a Rule Nisi be issued calling upon the respondents to show cause as to why direction should not be given upon the respond......rights, hence the petitioners move this Public Interest Litigation (PIL) before his Hon’ble Court. 6. The following reports were published in different newspapers on different dates: A meeting was held on 22.07.2010 with Hon’ble Minister of Ministry of Health and Family Welfare in ..

Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14

Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)

....ult: This petition is disposed of. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 107 Section 107 of the Code of Civil Procedure enjoins the appellate Court all or any of the powers conferred on a trial Court. The powers of the High Court Division sitting on appeal under sec......Court all or any of the powers conferred on a trial Court. The powers of the High Court Division sitting on appeal under section 107 are the same as that of the trial Court. This power has been given to the appellate Court with a view to minimize the harassment of the parties to the litigation and......by the trial Court. Mr. Mahbubey Alam, learned counsel appearing for the defendant, on the other hand, supports the judgment of the High Court Division and submits that since the defendant has specifically denied the execution of the deed, the trial Court should not have examined the disputed signat......is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ..

Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147

Grameen Phone Ltd Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) and others, 2012, 41 CLC (HCD)

....e MCF for 2008 assignment) as this is the mandate of Rule 18(ঙ) of the VAT Rules, 1991. 6. BTRC, on the other hand, contends that the Guidelines having been issued in exercise of the statutory powers conferred on it and the Government under the provisions of the Telecom Act, it has legal forc......iginal Jurisdiction) Present: Farid Ahmed J Sheikh Hassan Arif J Grameen Phone Ltd...............................Petitioner Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) and others……...............Respondents Judgment ......rily when BTRC sought to apply the MCF through the impugned memo in respect of the same spectrum, which suffers from unreasonable ness.........(32) Consumer tax The value added tax is called ‘consumer tax’, as it is the consumer who ultimately pays the VAT. Although the w......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 401. ..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15

Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....the original 2nd proviso and as a result, the 2nd proviso was relegated to the 3rd proviso. The 1st proviso, in essence, provides that where there is a higher administrative authority having the power to set aside, vary or modify an order, decision or action to be challenged before the Administ......cretary, Ministry of Agriculture and others..........................................Respondents Judgment February 9, 2012. Result: The Petition is dismissed. Cases Referred to- Canada Sugar Refining Co Vs. R (1898) AC 735; Sultana Begum Vs. Prim Chand, AIR 1997 SC 100......ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ......ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ..

Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324

Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)

....e rather the situation unmistakably manifested that the compromise placed before this Court was obtained by duress upon exerting undue influence upon the respondents but having left with no power of resistance to such aggression upon their legitimate right of inheritance over the property ......mp; Others……………….....Respondents Judgment February 7, 2012. Result: The appeal is disposed of with Directions. Cases Referred to- Harjinder Singh Vs. Punjab State Warehousing Corporation CDG Law Journal 210 (SC) 462; Ramo......rit we kept the appeal for judgment on 5-2-2012. 10. From the narration made above, about the situation took place before this Court unmistakably suggests that the appellants upon obtaining a so-called compromise, signed by the respondents were reluctant to appear before this Court, since they ......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ..

Category: Property Law | Date: 7 Feb, 2012 | Hits: 4

Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)

....version of the Conviction There is no scope on the part of the High Court Division to alter the conviction of the appellant The High Court Division is expected to be careful while exercising its power on the question of conversion of the conviction of any accused. Since the state has taken no e......... ………............................Respondents (In both cases) Judgment February 1, 2012. Result: The appeal is dismissed commuting the sentence of death to imprisonment for life. Conversion of the Conviction There is no scope on the part of th......ot proper at this stage to interfere with his conviction. Appellate Division find no ground to commute the sentence…… (25) All the eye witnesses to the occurrence categorically stated about only one blow given by the appellant, Muzibur Rahman on the head of the dece......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ..

Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6

Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)

....uch transfer previous sanction of the Administrator of Waqfs must be accorded and without such sanction transfer so made shall not be valid. So far as the lease is concerned, the mutawalli has been empowered to lease out any immovable properly of a waqf up to 5 years, and beyond that only with the p......ry 1, 2012. Result: The appeal and the leave petition are dismissed. A mutawalli cannot grant lease of any part of waqf property in perpetuity with prior sanction of the Administrator. The language used in this section is so explicit that the mutawalli can exercise the right of t......; The ejusdem generis rule according to Craies on Statute Law, Seventh Edition, is one to be applied with caution and not pushed too far, as in the case of many discussions, which treat it as automatically applicable, not as being, what it is, a mere presumption, in the absence of other indications ......bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ..

Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10

Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)

....at basis charge sheet has been submitted. There is no reason in law and facts for quashing the proceedings. 15. The learned Deputy Attorney General further submits that High Court's inherent power is a residuary power and must be very sparingly used only to prevent abuse of the process of c......discloses a prima-facie case against the petitioner, no application under section 561A of the Code of Criminal procedure is at all maintainable...............................(17) Cases Referred to- Abdul Quadir Vs. State, 28 DLR (AD) 38; Faruk Ahmed Vs. Abdul Kader Chowdhury, 38 DLR (AD) ...... Attorney General - For the State. Criminal Miscellaneous Case No.12963 of 2008. Judgment AKM Shahidul Huq J.- This Rule under section 561A of the Code of Criminal Procedure was issued calling upon the opposite party to show cause as to why the proceedings of Jhenaidah Sessions Case N......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ..

Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11

MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)

.... that judgments of all Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. Section 17 of the Arbitration Act empowers the Court to pronounce judgment after the time for making an application to set aside the awa......f all Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. Section 17 of the Arbitration Act empowers the Court to pronounce judgment after the time for making an application to set aside the award has expired or......rate the dispute between the parties as per provisions of the contract. Professor Dr. Golam, Rahman thus having been appointed as the sole arbitrator served notices upon both the parties on 31-5-1998 calling upon the appellant being the first party of the arbitration proceeding to file statement of ...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ..

Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7

Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)

.... plot No.509 was in possession of Nawabgonj College and also declared that the suit land was not enemy or vested property. That during pendency of that title suit, Jitendra Nath Saha, by a registered power of attorney dated 27-2-1981, appointed one Bhadra Kumar Mondal as his attorney to look af......r Khondaker Saiful Huq, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For Respondent No.1 None represented—For Respondent Nos.2-9. Civil Petition for Leave to Appeal No.1911 of 2009. (From the judgment and order dated 7-7-2009 passed by the High Court...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ..

Category: Property Law | Date: 23 Jan, 2012 | Hits: 90

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