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Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ...... The Rule is discharged and connected stay order is vacated. Cases Referred To- Anti-Corruption Commission, represented by its Chairman, Dhaka Vs. Shamima Begum, Civil Petition for Leave to Appeal No.1656, 1658-59 of 2008; Anti Corruption Commission Vs. Md. Hasan, Civil Petition for Lea......n Commission. Writ Petition No. 6880 of 2008. Judgment Md. Imman Ali J.- This Rule Nisi was issued upon an application by the petitioner under Article 102(2)(a)(ii) of the Constitution calling upon the respondents to show cause as to why the proceedings of the Special Case No.6 of 100...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
....be confirmed/regularized in the service. The learned Advocate further submitted that University Authority acted fairly and justly and there has been no discriminatory and arbitratory exercise of power in dealing with the matter of confirmation/regularization of the service of the writ-petitione......
A.F.M. Mesbahuddin Ahmed, Senior Advocate instructed by Md. Mazibar Rahman, Advocate-on-Record-For Respondent No.5.
Not represented- Respondent Nos.1-4 and 6-9.
Civil Petition for Leave to Appeal No.267 of 2010.
(From the judgment and order dated the 23rd day of November, 2009 pas......are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire.
Ed.
This Case is also Reported in: VII ADC (2010) 1008.
......terview for appointment in their respective job, however, the committee recommended the matter to be placed before the syndicate for final decision. Accordingly, the matter was placed before the 35th meeting of the syndicate of the University held on 01.11.2008 and the syndicate by its resoluti..
Category: Employment/Service Law | Date: 22 Mar, 2010 | Hits: 92
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....petitioners created hurdle to continue their running business with out any reason. 9. He lastly submits that the impugned embargo is without lawful authority inasmuch as exercise of statutory power by the public functionaries relying on a unjustified and false report of the Respondent No.6 ......the Respondent No.2. Abdur Razzak - For the Respondent No.5 and 6. Writ Petition No.1449 of 2002. Judgment Md. Abu Tariq J.- This Rule nisi was issued calling upon the Respondents to show cause as to why they should not be directed to exempt the petitioners from CIB report of t...... Fahed Mahmud Khan - For the Respondent No.2. Abdur Razzak - For the Respondent No.5 and 6. Writ Petition No.1449 of 2002. Judgment Md. Abu Tariq J.- This Rule nisi was issued calling upon the Respondents to show cause as to why they should not be directed to exempt the peti......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
.... Shahabuddin Ispahani and others...................Respondents Judgment March 10, 2010. Result: The appeal is dismissed. Amendment of Pleadings In exercising this power the Supreme Court would be reluctant to allow an amendment which would have the effect of tota..............Respondents Judgment March 10, 2010. Result: The appeal is dismissed. Amendment of Pleadings In exercising this power the Supreme Court would be reluctant to allow an amendment which would have the effect of totally altering the nature of the suit or of t......t No.6. 4. It is further plaint case that, plaintiff was ready and willing on the date fixed to execute a proper deed of sale on receiving the balance of the purchase money and had in fact called upon defendant No.1 to perform his part of the contract and to pay the balance of the purchas......en and his attested photograph was attached. Thereafter, RAJUK, proforma defendant No.5 upon consideration of the merits of the case, approved the application for transfer of the suit property in its meeting No.1/94 dated 28-2-1994 and the minutes of the said meeting was duly confirmed in Meeting No..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....imordial figure of the Republic’s oldest political party, was not before the learned Court below at the time of the charge hearing because of her ailment. She was only represented by her duly empowered lawyer Ms. Shahara Khatun. The charge was therefore framed in her absence. 7. In impugn......dhury Advocates - For the Petitioner. Mr. M. A. Aziz Khan, Advocate - For the Respondent No. 4. Writ Petition No.7250 of 2008. Judgment A.H.M. Shamsuddin Choudhury J.- With a view to impugn charges framed by the learned Divisional Special Judge, Dhaka, under Section 242 of the Co...... implies that the presence of the accused is imperative, provided, however the accused is not absconding of Mr. Taposh proffered that it is quite evident that the Court below framed the charge mechanically, which is, obviously proscribed by law. He also submitted that the agreement which eventually ......squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....te the investigating officer (the respondent no 6 herein) on the progression of investigation process (2) the Chairman of the Anti Corruption Commission, henceforth, the Commission, by himself had no power whatsoever to take any decision like the one that prompted the respondent no5 to issue the imp......wn Court ex p Hutchinson, 1988 QB 384; R Vs. Devizes Justices ex p Lee; DPP Vs. Head, 1959 AC 83; R Vs. Smith, 1984 Cr. L. R. 630; R Vs. Oxford Crown Court ex p Smith, 1989 2 Admin Law Report; Boddington Vs. British Transport Police; R Vs. Chief Constable of Merseyside ex p Calveley, 1986 Q.B. 424; ......uest to Glanville: R Vs. Lowle 1759). 22. De Smith, Woolf (Former Master of the Roll) & Jowell in their book, ‘Principles of Judicial Review’ states, ‘Certiorari was historically linked with the King’s person as well as with the King’s Bench; it was of high imp......malafide action destroys all traces, that itself would justify our move to set aside the whole criminal prosecution. 10. By referring to that part of the FIR, where the informant stated that the meeting of the Execution Committee of the National Economic Council (ECNEC) was not attended by suff..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....te the investigating officer (the respondent no 6 herein) on the progression of investigation process (2) the Chairman of the Anti Corruption Commission, henceforth, the Commission, by himself had no power whatsoever to take any decision like the one that prompted the respondent no 5 to issue the im......gladesh, Bangladesh Secretariate, Secretariate Building, Ramna, Dhaka and others......... Respondents Judgment March 4, 2010. Result: The Rule is made absolute. Case Referred to- R Vs. Lowle 1759; Groenvelt Vs. burwell, 1700 1 Ld. Raym 454; R Vs. Herefordshire Magistrat......st to Glanville: R Vs. Lowle 1759). 21. De Smith, Woolf (Lord Woolf , a Former Master of the Rolls) & Jowell in their book, Principles of Judicial Review states, ‘Certiorari was historically linked with the King’s person as well as with the King’s Bench; it was of high imp......malafide action destroys all traces, that itself would justify our move to set aside the whole criminal prosecution. 10. By referring to that part of the FIR, where the informant stated that the meeting of the Execution Committee of the National Economic Council (ECNEC) was not attended by suff..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
....ioner in Writ Petition No.7243 or 2008 filed an application for the issuance of a supplementary Rule on the ground that Rule 15 of the And Corruption Commission Rules, 2007, purportedly delegates the power of the Commission to any Commissioner approved by the Commission, whereas the parent Act, name......ruption Commission Rules, 2007; Rule 15 (2)
When a Form is given for the purpose of conveying the sanction, then there cannot be any question of the sanction being mechanical. It is per se bound to be mechanical and in conformity with the format of Form 3……………......em, which arose out of Motijheel (D.M.P) P.S. Case No.140 dated 29.03.2007. Rules were issued in respect of both the writ petitions in identical terms as follows:
"Let a Rule Nisi be issued calling upon the respondent to show cause as to why the initiation and continuation of the proceedin......Uddin, appearing on behalf of the petitioner submitted that the sanction was given for submitting the charge sheet on 20.9.2007, but there is nothing on record to suggest that the ACC ever called any meeting regarding the sanction. He submitted that each case has to be decided individually and each ..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
.... who causes arrest of any child to inform the parents of the child and also under section 50 of the Act to immediately inform the Probation Officer. Moreover, the police are totally ignorant of their power to enlarge children on bail under section 48 of the Act even in cases of serious offences, whi...... The Penal Code, 1860 (XLV of 1860); section 82 It is a tragedy that the law enforcing agencies are unaware of the fundamental laws of the country, namely s. 82 of the Penal Code, 1860. According to this section, any police personnel worthy of his badge cannot arrest a child below the age of nin......arate from adults and convicted prisoners should not be allowed to mix with those under trial……………………….(30) The damage done to the children by placing them in prison for their so-called ‘safety’ can never be compensated, but the officials concerned who have perpetrated such ......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
....he order of stay granted at the
time of issuance of the rule is hereby vacated.
Send down the L.C. Records
immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
......site Party
Judgment
January 6, 2010.
Result:
The rule is discharged.
In a suit for declaration of title and recovery of possession, the plaintiff
must prove his title to and possession and dispossession from the suit land. .....................(11)
Cases Referre.......
M. Hashmat Ullah Sheikh - For the opposite parties.
Civil Revision No.4126 of 2005.
Judgment
Faruque Ahmed J.- This
rule at the instance of the defendant petitioners was issued calling upon the
opposite parties No.1 and 2 to show cause as to why the impugned judgment and
dec......he order of stay granted at the
time of issuance of the rule is hereby vacated.
Send down the L.C. Records
immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....public debuttor property. It has been observed by the judicial committee in Prosonna Kumari Debya Vs. Golap Chand Baboo, (1875) LR 2 IA 145 "that the person so entrusted must, of necessity, be empowered to do whatever may be required for the service of the idol and for the benefit and preservat......p;…...Respondents Judgment February 16, 2009. Result: The appeal is dismissed with costs and connected Rule is discharged. A religious endowment which is known as Debuttor and which arises on dedication or gift of property to an idol, a Debuttor is managed and adminis......or the establishment of a temple and setting up a particular deity therein, and it is regarded as quite proper to make provision for the celebration of pujas of such deities who are worshipped periodically or occasionally and of whom no permanent images are kept. 11. BK Mukharjea on relying on ......he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)
....liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ......3, Allahabad 480. Lawyers Involved: Humayun Hossain Khan, Senior Advocate with Md. Shahjahan, Advocate, Apeal Uddin, Advocate-For the Informant-appellant. Md. Motaher Hossain, Deputy Attorney General with Md. Soyeb Khan, Assistant Attorney General, Md. Bashir Ullah, Assistant Attorney......ubject matter of the custody, should be taken into consideration in accordance with Article 12(1) of the CRC, 1989. 8. In view of the submissions of the learned advocates, we felt it necessary to call the victim girl so that we might find out firsthand the true facts as well as her wishes. 9......liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ..Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150
Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)
....ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ..................Petitioners Vs. Syed Md. Belayet Hossain ........................................Respondent Order December 10, 2009. Lawyers Involved: A.K.M. Zahirul Haque, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the petitioners. ......rnment College, Barisal, as representative of the Director General of Intermediate and Higher Education, Dhaka and the Inspector of Colleges of Board of Intermediate and Secondary Education, Barisal, called him for interview and he, having secured highest mark amongst all the candidates who faced th......ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ..Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
.... the Respondent No. 3, Barisal City Corporation, by filing Affidavit-in-Opposition denying the material allegations. It has been stated that the then Mayor of the said City Corporation was not empowered/authorized to take any decision to recruit employees since the organogram for the City Corpo......t: The Rules are made absolute. Prior Show Cause Notice With Adequate Explanation It is fundamental principle of administrative law that before any order is passed which is likely to adversely affect a person it is essential that he be given a reasonable opportunity to be heard p......(In all the Writ Petitions) Writ Petition Nos. 9165-9170, 9175-9182, 9205-9208, 9657, 2480, 10156 and 10157 of 2007 with 314 of 2008. Judgment Tariq-ul-Hakim J.- Rules Nisi were issued calling upon the respondents to show cause as to why the impugned Memo No.পৌর-১/এম-৪/...... Petitioners were appointed by the Mayor of Barisal City Corporation who was the Executive head of the said Corporation and subsequently the appointments were rectified by the Corporation in its meeting as evidenced from (Annexure G) . Thus pursuant to section 36 of the Barisal City Corporation..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
....rights has been finally published for every village included in such area and such notification shall be conclusive proof of such publication. Chapter VIII of said Rules, 1955 deals with general power of Revenue Officer in revising record-of-rights under section 144 of the State Acquisition and......rul Islam & others………………………Petitioners Vs. Government of Bangladesh others................Respondents Judgment October 28, 2009. Result: this Rule is made absolute. Cases Referred to- Rom......or Rahman Akand, Advocate—For the Respondent No. 4. Writ Petition No. 2232 of 2003. Judgment Md. Ashfaqul Islam J. - At the instance of the petitioners, this Rule Nisi was issued calling upon the respondent to show cause as to why the impinged 8 (eight) notices dated 1-2-2003 is......Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168 ..Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
....inance, 2007 and Emergency Power Rules, 2007 had been in force and that the law enforcing agencies, under the Emergency Power Rules, 14 and 15, with a view to prevent corruption, were vested with the power to arrest, inquire and investigate such cases. He further submits that there is no infirmity o......………..Accused-petitioner Vs. The State and another…………………………..Opposite parties Judgment October 11, 2009. Result: The Rule is made absolute. Trap cases......al - For the Opposite party No.1. Criminal Miscellaneous Case No.1839 of 2009. Judgment Afzal Hossain Ahmed J.- This Rule, at the instance of the accused Md. Rezaul Kabir, was issued calling upon the opposite parties to show cause as to why the proceedings of the Special Case No.01 ......py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ..Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
Md. Mainul Haque Bhuyan Vs. Md. Akkas Miah, 2009, 38 CLC (HCD)
.... Order. Let a copy of the judgment be sent to the Assistant Judge, Second Court and House Rent Controller, Dhaka at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 425. ...... Present: Md. Delwar Hossain J Md. Mainul Haque Bhuyan.............................Petitioner Vs. Md. Akkas Miah...............................Opposite party Judgment October 6, 2009. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Ac......the Opposite Party. Civil Revision No.4238 of 2007. Judgment Md. Delwar Hossain J.- This Rule upon an application under section 115(1) of the Code of Civil Procedure was issued calling upon the opposite party to show cause as to why the impugned judgment and order dated 11.4.2...... Order. Let a copy of the judgment be sent to the Assistant Judge, Second Court and House Rent Controller, Dhaka at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 425. ..Category: Tenancy Law | Date: 6 Oct, 2009 | Hits: 127
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
.... country to enable proper and effective implementation of section 50 of the Children Act. Similarly, places of safety must be set up, at least one in every district and local health clinics must be empowered for the purpose of medical examination of victims so that the need to detain victims in cust......tary, Ministry of Law, Justice & Parliamentary Affairs and others ..........Respondents Judgment September 3, 2009. Result: The Rule is disposed of with observation. Cases Referred to- Hussain Muhammad Ershad Vs. Bangladesh and others, 21 BLD (AD) 69; The State Vs. Tasiruddin, ......ority basis [Art.37 (d) CRC]. Legal Aid must be made available in all matters involving children so that no child remains unrepresented [Art.40 (2) (b) (ii) CRC]. Make Probation Officers available on call round the clock in all parts of the country to enable proper and effective implementation of se......d that he had drawn the attention of the Hon'ble Minister for Law, Justice and Parliamentary Affairs, to the issues raised in this case and he has been assured that there will be an inter-ministerial meeting held shortly to implement the recommendations of this Court as given in the cases of State V..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
....rores in total as earnest money out of the consideration money in cash, by cheques and pay orders. Subsequently, the accused petitioner No.1 being of old age executed and registered an irrevocable power of attorney on 25.5.2000 infavour of the complainant for maintenance of the said land. The co......sembles certain other nature of case, that is, if it discloses a civil case e.g. non execution and registration of sale deed of a case land……………………………(9) Case Referred to- Akamuddin Ahmed Vs. The State, 27 DLR (AD) 175; Abdul Karim Vs. Shamsul Alam, 45 DLR 578; ......e party. Criminal Miscellaneous Case N0.1299 of 2007. Judgment Md. Delwar Hossain J.- This Rule was issued upon an application under section, 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the order dated 29.11.2006 passed by the l...... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ..Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....d in his Statement of Assets with the said Commission; that the appellant allegedly did not show the valid source of income of those FDRs and he at various times and places by exercising abuse of his power acquired movable and immovable properties and thus committed offence under sections 26 and 27 ...... released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......irect evidence. The opinion given by the officers of the Ministry of Works not being supported by any reliable evidence does not carry any value. The trial Court acted serious error of law in automatically believing the oral evidence of those officers without any reliable evidence Mr. Karim, in supp......Karim also took up sections 14 and 15 of the said Act submitting that the decision of the Commission shall be taken at least in the presence of two Commissioners, inasmuch as for taking decision in a meeting of the Commission at least two commissioners must attend to constitute quorum of the meeting..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
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