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SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)
....tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ......- For the Petitioner. No one appears - For Respondents. Writ Petition No.8442 of 2011. Judgment Md. Ashfaqul Islam J.- Let the supplementary-affidavit be formed part of the main application. 2. At the instance of the petitioner Messrs SS Enterprise, this Rule Nisi was issu..Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......Syed Altaf Ali Chowdhury and ultimately the order of lease was cancelled. That the people of the locality applied before the revenue officer for acquisition of the pond of the suit land, but the said application was rejected with the finding that the said pond had not been used for cultivation. That..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ......to save their lives. 4. The petitioner is seeking direction requiring the respondent to continue to foot overseas medical bills of the Hon’ble S.C Judges. The petitioner seeks to bring this application by invoking Article 102 of the Constitution as a public interest litigation in order to..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Mohammad Noor-E-Alam Jahangir Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ......ahhab Miah J.- The writ-petitioner has filed the leave petition against the order dated 02.08.2010 passed by a Division Bench of the High Court Division in Review Petition No.58 of 2010 rejecting his application for reviewing the judgment and order dated 24.02.2010 in Writ Petition No.9985 of 2007. ..Category: Civil Law, Contempt of Court Law | Date: 5 Jan, 2012 | Hits: 90
Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)
....per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ......es of the law. Moreover, he points out that subsequent to the transfer of the case to the Druto Bichar Tribunal, one of the accused, who had been absconding, appeared before the tribunal and upon his application under section 540 of the Code of Criminal Procedure, summons were issued on the prosecut..Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92
Anti-Corruption Commission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
....ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ......or examination of the defence witnesses. On this date, on the prayer of the accused, the next date was fixed on 30-6-2010 for examination of the defence witnesses. At that stage, the accused filed an application before the High Court Division under section 526 of the Code for transfer of the case fr..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....s of the accused. A revival would revive his woes." 35. We have gone through the entire Judgment. In that case leave was granted (vide para-15) about considering the issue of reckoning of a fresh period of 270 days for conclusion of trial under the unmanned section 339C in a situation wher......lam Khan, Advocate - For the Anti-Corruption Commission. Md. Abdul Rahman Howlader - For the State. Criminal Revision No.915 of 1993. Judgment Md. Emdadul Huq J.- This application under section 561A of the Code of Criminal Procedure, 1898 (shortly the Code, 1898) was ..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and others, 2011, 40 CLC (AD)
....record." Security of Tk. 1,000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ......process of law on 10.07.2003 and the possession also of this auction sold property was delivered to the auction purchaser. Thereafter on 30.08.2003 the present petitioner Mrs. Jahanara Ahmed filed an application under Order XXI Rule 90 of the Code of Civil Procedure praying for setting aside the sal..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
.... of the Bidhimala, 2007:
"Both the subsection (1) and subsection (2) of the section 32 envisages only one sanction, not two. Subsection (1) does not spell out or even envisage filing of any fresh sanction when the sanction to prosecute has already been filed along with the charge sheet of ......blished by previous decisions which has already been found to be an erroneous one. The rule of stare decisis is not so imperative or inflexible as to preclude a departure there from any case; but its application must be determined in the light of the merit of each case and the previous decision shou..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)
.... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ......he Project Director at Tk.3675/- with next increment due on 25.08.1989 in the scale of Tk.2800-125-4425 with effect from 25.08.1988 (date of joining as Project Director) as per F.R.22(a)(i). The said application was approved by the authority and the petitioner's pay was duly fixed as per provisi..Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ...... rejected. The petitioner then preferred appeal before the respondent No.1, the Commissioner, Customs, Excise and VAT (Appeal) Commissionerate, Dhaka and the respondent No.1 without considering the application of waiver of statutory deposit directed to deposit the demanded amount by order dated ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......aving no bearing on the fact whether offences were committed before or after the commencement of the Anti Corruption Commission Act, 2004. Article 35(1) of the Constitution has no manner of application to oust jurisdiction of the Special Court created under the Anti-Corruption Commission A..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
.... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ......sequently, respondent No.1 filed the petition of complaint. 4. On 10-2-2008, the leave petitioner surrendered before the trial Court and obtained bail. After that, leave-petitioner filed an application for discharging him and learned Magistrate rejected the same on 3-12-2008 and also frame..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ......e respondent No.4. But the respondent No.4 instead of accepting the joining report issued a letter addressing the respondent No.5 intimating him that hand writing of the petitioner as appeared in the application for appointment and that of joining report does not appear to be identical. Thereafter, ..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Golam Ahmed Vs. State, 2011, 40 CLC (HCD)
....t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ...... took cognizance of an offence against him. The case was registered as Nari-o-Shishu Nirjatan Case No.40 of 2009. The accused-appellant appeared in that case and was released on bail. The he filed an application for discharging him under section 265C of the Code of Criminal Procedure, which was re..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233
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. ......ul Haque J.- One Masud Mahiuddin alias Masud accused Kalabagan P.S. case No.10 dated 24-9-2011 punishable 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 g..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
....ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ......site-Parties Judgment December 1, 2011. Result: The rule is made absolute. No Court can pass a decree which is unexecutable The averments and statement made in the application under Order I Rule 10 of the Code of Civil Procedure that 3rd party petitioner claimed t..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
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. ......t avail, himself of the forum of appeal as postulated by section 30 of the Special Powers Act, 1974. Finding no other alternative, the petitioner approached the High Court Division with the instant application for quashing his conviction under section 561A of the Code of Criminal Procedure and obt..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ......Petitioner. Bashir Ahmed, Assistant Attorney-General—For the State. Criminal Miscellaneous Case No.10444 of 2009. Judgment Md. Ashraful Kamal J. - This Rule was issued on an application under section 561 A of the Code of Criminal Procedure, at the instance of the accused-pe..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....nion this defect should be removed and for this purpose the case requires to be sent back to the tribunal for examination of the accused persons under section 342 of the Code of Criminal Procedure afresh and for writing out the judgment afresh. 44. Since we are going to send back the case to th...... (843), the Supreme Court of India observed: "In regard to proof of basic or primary facts the Court has to Judge the evidence. In respect of these basic of Primary facts there is no scope for the application of the doctrine of the benefit of doubt. The Court considers whether that evidence pro..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
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