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Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....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. ......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)
....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 ......ce of occurrence adducing any cogent and reliable evidence. The prosecution also failed to prove the manner of occurrence. AtiarRahman sustained at least 13 cut injuries on his person but the so-called eyewitnesses P.Ws.2, 3, 4 and 5 stated before the trial Court that they had found accuse......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)
.... 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......discretion of the Appellate Division and it has the power to pass any order or decree in the interest of justice. This powers are inherent and are complementary to those powers which are specifically conferred on this Division by various statutes……………………………………….(......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. ..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... 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......ts. Writ Petition No. 9988 of 2010. Judgement AHM Shamsuddin Choudhury J.- The Rule under adjudication, issued on 05.12.2010 was in following terms: “Let a Rule Nisi be issued calling upon the Respondents to show cause as to why the inaction of the respondents to take necess......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)
.... 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. ......; 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)
....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......ly, it is barred by re judicata and third and finally, the decision, if any, of the Board is not a law nor create any legal obligations for the Bank or the other Respondents to do anything so as to call for mandamus. Mr. Khan by way of elaboration contended that the petitioner filed three othe......86-7. The petitioner company took credit facilities from Sonali Bank (Respondent-3) under 3rd IDA Credit No.BD-1065 (World Bank) scheme primarily for production of electric GLC and other bulbs for meeting the local demand by minimizing importation of the same and thereby save foreign exchange...Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
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. ......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) ......, Assistant Attorney General with Nowazish Ara Begum, Assistant Attorney General—For the State. Criminal Revision No.171 of 1995. Judgment Sheikh Hassan Arif J. - Rule was issued calling upon the Deputy Commissioner, Narayanganj to show cause as to why the proceedings in CR Case......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. ..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
....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......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 Reported in: 64 DLR (HCD)(2012) 65.
......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.
..
Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....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: ...... Bangladesh, by filing suits with false and fabricated stories although in the meantime the said Admiralty suit No. 5 of 2004 and Admiralty Suit No.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 count......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)
....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......Khandaker Reza-e-Raquib with Immnul Kabir, with Mejbahur Rahman, Advocates—For the Respondent No.2. Writ Petition No.5778 of 2011. Judgment Sheikh Hassan Arif J.- Rule was issued calling upon the respondents to show cause as to why the order as contained in Memo No.BTRC/LL/Opera......g of members selected in accordance with Schedule -2-while schedule-2 provides for the presence of two outsider members in the Evaluation Committee and presence of at least one outsider member in any meeting of the Evaluation Committee to constitute quorum. However, it is evident from the evaluation..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. ......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......t cannot now be said that the qualification is not adequate for the purpose of promotion. In view of the above, we find that the decision of the High Court Division is well reasoned and does not call for any interference by this Division. Accordingly, the appeal is dismissed without howeve......prayer. On 28.8.07 the writ petitioner served a legal notice upon the writ respondents through his learned Advocate, but it yielded no result. 3. It is stated by the petitioner that at its 162nd meeting held on 27.11.2007 the Board of DESA appointed eight Sub-Assistant Engineers who had obtaine..Category: Employment/Service Law | Date: 14 Aug, 2011 | Hits: 163
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....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......the case to a Bench of two Judges who may refer it to a Full Bench. A single Judge cannot differ from Divisional Bench unless a Full Bench or the Supreme Court has overruled that decision specifically or laid down different laws on the same point. A Divisional Bench must ordinarily respect a......the complainant accused No.1 was the custodian of all the documents and using that opportunity, he, in collaboration with accused No.2, manufactured those false and forged notices of the Board meetings and resolutions. 78. On receipt of the above petition of complaint, the Chief Judic..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ......said Principle the same can not be accepted as confession, as the same were not in terms of the offence charged against them in this case. Therefore the statement of accused shall not have the effect to bind them nor could it be binding an other co-accused, ever if there is any element in the eviden......stances Act, 1908 accusing 14 accused and 7 accused were not sent up for trial. 6. Eventually, the Special Tribunal took cognizance of the offence against all. 7. Later on, the accused were called upon to answer the charge under sections 3 and 3A of the Explosive Substances Act, 1908 to wh......Yunus, Majed, Kamal, Ashraf, Jahangir, Jewel, Daud, Laltu, Babu, Pakhi were also the members of “আল্লাহর দল” and he used to read holy Quran in Bengali and participated a meeting held in the house of Chand and Belal who wanted to establish Islamic law. On 2-9-2005 he arr..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
....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: ...... 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
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......ate instructed by Nurul Islam Rhuiyan, Advocate-on-Record-For the petitioner. Abdul Malek (In person)-For respondent No.1. Not represented-For respondent No.2. Civil Petition for Leave to Appeal No.2012 of 2010. (From the judgment and order dated 20.05.2010 passed by the High Cou......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......ate instructed by Nurul Islam Rhuiyan, Advocate-on-Record-For the petitioner. Abdul Malek (In person)-For respondent No.1. Not represented-For respondent No.2. Civil Petition for Leave to Appeal No.2012 of 2010. (From the judgment and order dated 20.05.2010 passed by the High Cou......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....shops to the tenants. Moniruddin is the elder brother-in-law (husband's elder brother) of the pre-emptor and Amajad, son of Moniruddin along with his partner Khokan used to deal in electric goods and power loom parts in a shop in the case land by taking the same on rental basis. The pre-emptor and t............................Appellants Vs. Mosammat Galman Begum and others............................Respondents Judgment June 15, 2011. Result: The appeal is allowed. Cases Referred to- Abdus Samad & others Vs. Md. Sohrab Ali and others, 33 DLR (AD) 113; Abdur Rashid Sarke......ed by the appellate Court and did not assign any reason as to the correctness of the findings arrived at by it. 11. Learned counsel for the pre-emptor argued that this point having not been specifically raised in the trial Court, the appellate Court was not justified in deciding the point. Ther......'s husband being a Government Servant, she used to stay with her husband at different places and so she could not visit her paternal home regularly. On her request her brother, the vendor, arranged a meeting for amicable partition of the joint property and in the said meeting, the vendor disclosed..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
....ciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ......m Ali Mondal being dead his heirs: Abu Kalam & others…………Respondents Judgment June 9, 2011. Result: The petition is dismissed. Cases Referred to- Khairullah Vs. A.D.C. (Revenue) and another, (2002) 54 DLR (AD) 13; Abu Ali Chowdhury Vs. T......not otherwise barred (emphasis supplied). 10. The findings arrived at, and the decision made by, the High Court Division having been made on proper appreciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismisse......ciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ..Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100
Nazir Vs. State, 2011, 40 CLC (HCD)
....;…....................Opposite Party Judgment June 7, 2011. Result: The Rule is discharged. No time bar for section 561A It is pertinent to note that the inherent power under section 561A of the Code of Criminal Procedure can be invoked at any stage of proceeding......ip;…………....................Opposite Party Judgment June 7, 2011. Result: The Rule is discharged. No time bar for section 561A It is pertinent to note that the inherent power under section 561A of the Code of Criminal Procedure can be invoked ......eral—For the Opposite-Party. Criminal Miscellaneous Case No.19601 of 2009. Judgment Md. Nazrul Islam Talukder J.- This Rule, at the instance of the convict-petitioner, was issued calling upon the opposite-party to show cause as to why the judgment and order of conviction and sen...... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ......te, 1991 BLD (AD) 81. Lawyers Involved: Md. Aminul Hoque with Abdullah-Al-Mahmud Chowdhury, A.F.M. Saiful Karim-For the appellant. Md. Aminur Rahman Chowdhury, Mrs. Monzu Naznin, Assistant Attorney General-For the respondent No.1. Mominuddin-For the respondent No.1. Criminal Appeal No......d the sister of informant as Head Master staged a fake drama on 9.04.06. The husband of the informant and other witnesses illegally entered into the office room of the Head Master, assaulted him physically by beating him with Sandal and thereafter the Managing Committee took up a resolution dismissi......one on 9.4.2006 that there took place chaos in the school. He went at 05.00 pm and saw many people in the room of headmaster. He heard that the Headmaster touched the body of the victim accordingly a meeting was held on 15.4.2006 and the Managing committee found the accused appellant guilty and dism..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
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