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Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)
....the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ......the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ......…………………Accused-Petitioner Vs. State……………….......................................Opposite Party Judgment December 7, 2011. Result: The Rule is to be discharged. Lawyers Involved: Golam Kibria, Advocate - For the accused Petitioner. ......nishable under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended-2003) filed an application for bail under section 498 of the Code of Criminal Procedure where ad interim bail was granted and Rule so was issued calling upon the opposite-party to show cause as to why the accused-p..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ......ase of Ali Akkas Vs. Enayet Hossain reported in 17 BLD (AD) 44 = 2 BLC (AD) 16. 12. In the case of Sher Ali Vs. State reported in 46 DLR (AD) 67, the Appellate Division has held that, the inherent power may be invoked independent of powers conferred by any other provisions of the Code of Criminal......………………………….Petitioner Vs. State………………………………Opposite-party Judgment December 1, 2011. Result: The Rule is made absolute. Cases Referred to- Abdul Quader Chawdhury Vs. State, 28 DLR (AD) 38; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 4......er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ...... under no circumstances the post could be treated as 3rd class non-gazetted. The High Court Division further observed that the Recruitment Rules, 1979 was prepared by the President in exercise of the powers conferred on him by the proviso to articles 133 in consultation with the Public Service Commi......s Vs. Amzad Hossain and others...........................Respondents Judgment November 24, 2011. Result: The appeal is disposed of. Lawyers Involved: Murad Reza, Additional Attorney-General instructed by Md. Firoz Shah, Advocate-on-Record-For the Appellants. Israfil Hossa...... aggrieved by and dissatisfied with the judgment and order of the High Court Division, the writ-respondents filed Civil Petition for Leave to Appeal No.1504 of 2002 before this Division and leave was granted on 15.05.2004 to consider the following grounds: "I. Because the High Court Division fail..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
.... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ......ers will not help the petitioners. Rather, it will go against the petitioners. In the above case in paragraph 9 and 10 it has been observed by the Appellate Division to the effects; 37. The power to quash a proceeding under this section being in its nature extraordinary, it should be exerc......ment November 23, 2011. Result: All the Rules are discharged. Securities and Exchange Ordinance (XVII of 1969); Section 24 Where the person guilty of an offence referred to sub-section (1) is a company or other body corporate, even Director, Manager or other Officer res...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......e any right, title, possession and interest in respect of their alleged purchased land. The defendant Nos.1 and 2 are residents of London, therefore, they appointed one Manik Miah as their attorney empowering him to sell the suit land. The answering defendant Nos.4-6 purchased the suit land from app......se possession neither pleaded nor any evidence lent Adverse possession was neither pleaded nor any evidence was lent by the plaintiffs, findings arrived at by the trial court is no doubt a gratuitous one which is not at all sustainable in law. Plaintiff is to prove his case The case ......he trial the learned Joint District Judge decreed the suit in part declaring right title of the plaintiff in the suit land by virtue of adverse possession. It may be mentioned that no decree was granted for setting-aside the kabala as prayed for, by the learned Joint District Judge in his judgm..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......he petition of complaint the learned Senior Special Judge, Feni took cognizance against the appellant under section 26 of the Anti-Corruption Commission Act, 2004 and Rule 15 Gha (5) of the Emergency power Rules, 2007. 4. After taking cognizance in absence of the appellant, the learned Senior S......State and another……………………….Respondents Judgment November 20, 2011. Result: The appeal is allowed. Case Referred to- Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir, 62 DLR (AD) 290. Lawyers In......e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......arked as Exhibits 3 and 3/1. Those materials have been marked as material Exhibits I-VII. In cross-examination he stated that the house of Yunus was made of mud having one door only. There was a zero power electricity light when they were chatting inside of the house of Yunus. He had fled away throu......rt Division (Criminal Appellate Jurisdiction) Present: Syed Md Ziaul Karim J ANM Bashir Ullah J State.....................................Petitioner Vs. Rustom & 2 others………………….Condemned-Prisoners ......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ...... Words and phrases Complete justice The term "complete justice" cannot be defined and it has no definite meaning; any attempt to define it would defeat the very purpose of such power. The expression 'complete justice' contained in Article 104 of the Constitution of Banglade....... Result: The appeal is allowed-in-part. Words and phrases Complete justice The term "complete justice" cannot be defined and it has no definite meaning; any attempt to define it would defeat the very purpose of such power. The expression 'complete justice' conta......the judgment and order dated 25-8-2003 and 26-8-2003 made the Rule absolute directing the BTRC to dispose of the pending application filed by the appellants praying for allocation of frequency and grant of licence within 30 (thirty) days of passing of the said judgment. The said judgment was u..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ...... Hon’ble Court. 5. A report was published in the Daily Ittefaq on 13.10.2010 under the caption, “Lalbagh Fort’s land is Being dispossessed”. It was reported in the newspaper that a few powerful local people, including the respondent No.7, 8 and 9, are continuing constructions on the ......gir Hossain J Human Rights and Peace for Bangladesh........................... Petitioner Vs. Bangladesh and others...................................Respondents Judgment October 26, 2011. Result: The Rule is made absolute. Lawyer’s Involved: Manzill......tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ...... 15.12 ½ acres of land to the instant predecessor of the plaintiff in several deeds, after purchased the said land, they have mutated their name. Thereafter, all of the purchasers have given a power of attorney to Mr. Md. Hafizul Islam Chowdhury the present plaintiff petitioner and also made ...... Chowdhury (Md.)................Petitioner Vs. Bangladesh and others …………………………..Opposite Parties Judgment October 19, 2011. Result: The Rule is made absolute. The land in question is not a khas......; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ......use of the process of Court by an influential person in order to avoid huge liability he admittedly owes to the Bank in the form of loan taken in the name of industrial project. He moved the entire power corridor no less than the office of Prime Minister, the Speaker and the Minister of Finance ......zam Husain J Elite Lamps Ltd……………………………Petitioner Vs. Government of Bangladesh and others……………………………….Respondents Judgment October 16, 2011. Result: The Rule is discharged. Whether the resolution taken b......m the petitioner so as to justify direction in the nature of mandamus. This Rule is, therefore, totally devoid of merit. 16. In the result this Rule is discharged with cost. The order of stay granted earlier is vacated. We direct the petitioner to pay to the Respondent No.3 an amount of Tak..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....ivery of possession pursuant to the novation of the contract. The High Court Division further held that in view of the dubious conduct of the plaintiff’s predecessor/they are riot entitled to a discretionary relief for specific performance since they have not come in court with clean hands. T......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ....... Imman Ali J Md. Shamsul Huda J Renuza Begum and others..................Appellant Vs. Md. Waziullah Mia and others...............Respondents Judgment October 11, 2011. Result: The appeals are dismissed. The Specific Relief ......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
....the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......ion 195(1)(c) of the Code of Criminal Procedure and in such a case the court can take cognizance of the petition of complaint filed by a private person.........................(6) Cases Referred to- Shahera Khatun Vs. Abdur Rahim Sheikh, 13 BLC (AD) 24; Abul Hossain Vs. State, 55 DLR (AD) ......ce. In view of above legal position, we are of the view that the Rule has no substance and the same should be discharged. 8. In the result, the Rule is discharged. Accordingly, the order of stay granted earlier by this Court stands vacated. The concerned trial Court is directed to complete the ..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
....he date of receipt of this Judgment, positively.
Order of stay granted at the time ofissuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 64 DLR (HCD)(2012) 65.
......ant to the illegaldirection of the local Member of Parliament which are not only directinterference in the election of the managing committee of the school inquestion, but also unlawful exercise of power exceeding their jurisdiction andas such said orders should be declared as illegal and without ...... the election process of the Managing Committee of a Non-GovernmentEducational Institution?
The local Member of the parliament beinga public representative though can contribute with his opinion as toformulation of public policy in public affairs including the management of Non-GovernmentEducation......lection of Managing Committee of aforesaidCharpathalia Nurul Huda High School in accordance with law within a period oftwo months from the date of receipt of this Judgment, positively.
Order of stay granted at the time ofissuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also R..
Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......16 of 2004 was dismissed. 6. It has been categorically asserted in the written statement that all the plaintiffs of the instant suits left this country long ago and the who apparently obtained the power of Attorney of those plaintiffs, also left subsequently and the Admiralty suit No.28 of 2000 f......ORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......submitted their technical proposals, whereupon 6(six) short listed firms including the petitioner-firm were asked to submit their financial proposals, which they did. The short listed firms then made power point presentation before the BTRC and the Technical and Financial Evaluation Committee (............Petitioners Vs. People's Republic of Bangladesh, and others.......Respondents Judgment August 17, 2011. Result: The Rule is made absolute. Cases Referred to- Tariq Transport Vs. Sargodha Vera Bus Service, 11 DLR (SC) 140; Bangladesh Sangbadpatra Par......rmal agreement with respondent No.11 on 26-4-2011. In the entire arguments and submissions as put forward by the learned advocate for the BTRC, we have found no plausible explanation for such flagrant violations of law one after another. 23. Mr. Reza, now tries to take shelter of clause-&#..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Dhaka Electric Supply Authority Vs. Md. Hanif and another, 2010, 39 CLC (AD)
....not call for any interference by this Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 559. ......not call for any interference by this Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 559. ......Institute on 25.08.1984, joined the Bangladesh Power Development Board (P.D.B.) as a Sub-Asst. Engineer. After the creation of the Dhaka Electric Supply Authority (DESA) his service was transferred to and absorbed by DESA. Section 24 of Ordinance No.6 of 1990 provides that officers and employees o......th the prior permission of the Board of DESA. On 15.06.06 the respondent No.1 writ petitioner formally applied to DESA for considering him for one-step-out-of-turn promotion. But his prayer was not granted nor was he told about the outcome of his prayer. On 28.8.07 the writ petitioner served a l..Category: Employment/Service Law | Date: 14 Aug, 2011 | Hits: 163
Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)
..... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ....... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ...... Vs. Nazirul Hoq..............................................Respondent Order July 25, 2011. Result: Leave is granted. Lawyers Involved: Murad Reza, Additional Attorney General (Karunamoy Chakma, Deputy Attorney General with him) instructed by Mrs. Mahmuda Begum......hellip;……………Petitioners Vs. Nazirul Hoq..............................................Respondent Order July 25, 2011. Result: Leave is granted. Lawyers Involved: Murad Reza, Additional Attorney General (Karunamoy Chakma, Depu..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... justice and thus, in view of the settled principles of law, they are not legally entitled to any relief from a Court of law unless they surrender to the jurisdiction of the Court before they seek discretionary relief. 11. This Division in ACC Vs. Dr. HBM Iqbal, 15 BLC (AD) 45 held th......her Md. Abdul Wahhab Miah J while agreeing with my learned brother that these appeals should be dismissed, I would like to express my opinion separately on the question of the High Court Division's power to quash a criminal proceeding in exercise of powers under Article 102 of the Constitution......Bangladesh and others....................................Respondents Judgment July 20, 2011. Result: The appeals and the leave petition are dismissed. Cases Referred to- ACC Vs. Dr HBM Iqbal, 15 BLC (AD) 45; Haryana Vs. Bhajan Lai, AIR 1992 SC 604; Dhaka Ware......BM Iqbal, 15 BLC (AD) 45 held that a fugitive from justice is not entitled to obtain a judicial order defying the process of the Court. This Division held: "We cannot conceive of a more flagrant violation of this principle that a convict who seeks the interference of the sovereign to obt..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
.... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ......f P.W. 1 Biswajit Saha and P.W. 2 Abu Jafar. The plaintiff exhibited various documents which are as follows: Exhibit No. Identity of the document 1 Special power of attorney 2 letter of credit dated 12.5.1999 3(series) 3...... (Special Original Jurisdiction) Present: AFM Abdur Rahman J M/S. Hasan Vegetable Oil Mills Ltd.6/A, Shashi Bhushan Chaterjee Lane, Gandaria, Dhaka-1204. Represented by its Managing Director Fazlur Rahman……………………………..Plaintiff Vs. 1. M. T. SCEPTRE Flying the ...... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
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