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Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ...... Alam Khan had been conspiring to create forged deed for the purpose of grabbing the schedule property. On search, the informant came to know that the accused No. 1 Md. Alam Khan had created a forged power of attorney deed and got it registered showing that the informant and his brother empowered wi......p;………………………….Opposite-party Judgment January 10, 2013. Result: The Rule is made absolute. Cases Referred to- Khizir Haider Vs. State, 73 MLR (AD) 157;13 MLR (AD) 157; Abdul Hague Vs. State, 60 DLR (AD......inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
....09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ......dant-petitioners against whom ad-interim order of injunction was passed by the Assistant Judge to their great prejudice. He has further submitted that Rule 5 of Order XLI of the Code has clearly empowered the Appellate Court, here the District Judge, to pass an order of stay of operation of the ......ment January 4, 2013. Result: The petition is disposed of. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 115 Without issuing Rule and giving no opportunity to the other side(s) of being heard, the summary disposal of a revision application filed under sec......, on merit the High Court Division ought not to have also interfered with the order of the District Judge and as such, the impugned order calls for interference by this Division and leave be granted. 5. Mr. Aktar Imam, learned Counsel, entering caveat, on behalf of the plaintiff-respo..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Anti-Corruption Commission Vs. Md. Bayazid & others, 2013, 42 CLC (AD)
....rned Special Judge to proceed with the case in accordance with law. The petition is disposed of with the above observations. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 97. ...... exactly as if they were in the Act and are to be of same effect as if contained in the Act and are to be judicially noticed for all purposes of construction and obligation. The exercise of power of making Rules is referable to a power, which confers validity upon it. The Rules framed unde......rent Law and this Rule, the Law will prevail over the Rules. Rules made under a statute must be treated for all purposes of construction or obligations exactly as if they were in the Act and are to be of same effect as if contained in the Act and are to be judicially noticed for all purpos......d already been framed in the case against the respondent as back as on 26th January, 2009 and about 4(four) years had elapsed in the meantime, we find it not necessary to examine the question by granting leave which would unnecessarily delay the disposal of the case. The reason upon which the H..Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
....shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ......sue was not over the encashment and/or apportionment of the amount kept in FDR with the Jamuna Bank Ltd. After disposal of the matter, the Company Court becomes functions officio and it retains no power over the affairs of the company. Even if it is assumed that the amount involved in the FDR wh......Islam Bhuiyan, Advocate-on-Record- For the Petitioner. Mrs. Tania Amir, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.2985 of 2012. (From the judgment and order dated 2.12.2012 passed by the High Co......shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)
....Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94. ......items all over Bangladesh on paying of all the VAT and other taxes regularly. 3. At a tip-off a team of the Preventive Officer of Customs, Excise and VAT Commissione-rate, Dhaka (North), being empowered by the Commissioner of the said officer went to the factory of the petitioner at 13-00 ...... Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J TLRA Holding Ltd………………………Petitioner Vs. Customs, Excise and VAT Appellate Tribunal & others.............Respondents Judgment Dece......p; (Underlined by me) In the result, the Rule is discharge, however, without any order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once.&nb..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
.... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ......e Rule with observations. Another set of cadre officers who filed the AT Case before the Administrative Tribunal did not press the case on similar ground. 20. It is true that government has power to increase/decrease cadre strength but it does not have any unguided and arbitrary power to g......Encadrement of the Non-Cadre Family Planning Office's— Encadrement of the non-cadre family planning office's appointed after 1985 in the cadre service but if the government decides to cadre them in the cadre, their seniority is to be fixed by following BCS Seniority Rules, 1983. ...... of Court that are not of a criminal nature, for instance, when a man does not obey an order of the Court made in some civil proceeding to do or abstain from doing something as where an injunction is granted in an action against a defendant, and he does not perform what he is ordered to perform, and..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ......committed offences under sections 420/120B/467/470/471/109 of the Penal Code read with section 5(2) of the Prevention of Corruption of Act, 1947 in connivance with each other by abusing official power. It has been alleged that plot No.2/B, Lane-5, Road No.2, Block-'K' measuring an area ......istent criminal case by invoking section 561A of the Code of Criminal Procedure does not arise at all……..... (11) Section 561A of the Code of Criminal Procedure can not be utilised to quash an investigation work of the police........(12) Cases Referred to- Abdul Huque Vs......posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
.... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ...... those mentioned in Order XLVII, rule 1 of the Code of Civil Procedure. In the Code of Criminal Procedure, there is no provision for review of any judgment or order passed by the Court exercising power there under. So, in order to review a judgment or order passed by the Appellate Division in a...... can only be done on the ground of an error apparent on the face of the record. The review of judgment or order passed by the Appellate Division in a civil proceeding may be done on grounds similar to those mentioned in Order XLVII, rule 1 of the Code of Civil Procedure. In the Code of Criminal ...... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10
Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)
.... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ......, rule 1 of the Code of Civil Procedure. It is also pertinent to state that in the Code of Criminal Procedure, there is no provision for review of any judgment or order passed by the Court exercising power thereunder. So, in order to review a judgment or order passed by this Division in a criminal p......been filed by the convict-petitioner and Nos.16-19 of 2012 have been filed by the complainant for reviewing the judgment and order passed by this Division on 12.03.2012 in Criminal Petition for Leave to Appeal Nos.266-269 of 2011. All these petitions are disposed of by this judgment. 2. Facts ...... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ...... 8 of the Constitution it has two committee namely (a) General Council (সাধারণ পরিষদ) and Executive Council (কার্যনির্বাহি পরিষদ) 4. The powers and functions of the General Council is constituted with the founder, general and life time m......istration and Control) Ordinance, (Ordinance No. XLVI of 1961) 1961 Lawyers Involved: Taimur Alam Khondaker, Advocate in person—For the Petitioner. Titus Hillol Rema, Assistant Attorney-General—For the Respondent No. 6. Writ Petition No. 8987 of 2012. Judgment ......y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ...... doctrine, however, cannot be pressed into aid to compel the Government or the public authority to carry out a representation or promise which is contrary to law or which was outside the authority or power of the officer of the Government or of the public authority to make. There is preponderance of..............Appellants Vs. Dr. Md. Nazrul Islam Bhuiyan and others...............Respondents Judgment November 28, 2012. Result: The appeal is dismissed. Cases Referred to- Customs Custom House, Chittagong Vs. A. Hannan, 42 DLR (AD) 167; Gujarat State Financial Co......e Ministry of Health and Family Welfare by another letter issued under Memo No. Jana Sastha-1/Homeo-8/2001/203 dated 21-5-2003 (Annexure-H) again requested the Secretary, Ministry of Establishment to grant approval to the creation of 64 new posts for regularization of the services of eight honorary ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....we find no other alternative but to dismiss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ......ry was conducted by the competent authority and on the basis of the report of the enquiry committee, the authority dismissed the petitioners from service. The Ministry of Establishment conferred power upon the Director, Administration, vide Memo No. Sama (A.Pra-1) BPATC/17/92-5 dated 29-10-1995...... Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh and others..............Appellants (in both cases) Vs. Hamento Kumar Barmon....................Respondents (In Civil Appeal No.327 of 2008) Md. Nurul Islam......tion for Leave to Appeal No.1288 of 2007 against the judgment and order passed in Writ Petition No.1497 of 2005 respectively. The leave petitions were heard analogously by this Division and leave was granted in both leave petitions on 3-6-2008 to consider the following submissions of the learned Dep..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ......rroneous decision can not be re-heard and corrected. A review lies where an error apparent on the face of the record exists. It is not the re-hearing of the main appeal. In a review, a Court is not empowered to change the decision taken in the main judgment. It is only meant for correction of cleric...... decision can not be re-heard and corrected. A review lies where an error apparent on the face of the record exists. It is not the re-hearing of the main appeal. In a review, a Court is not empowered to change the decision taken in the main judgment. It is only meant for correction of clerical error......y court, chamber and or before any judicial or quasi-judicial authority in Bangladesh and his name was struck off from the Roll of Advocates of the Bangladesh Bar Council and his sanad as an Advocate granted and issued by the Bangladesh Bar Council stood cancelled with immediate effect holding, inte..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......ent before this Hon’ble court. The petitioner accordingly undertakes to withdraw the Writ Petition for non-prosecution, once the Rule is issued. 12. Section 20 of the ACC Act provides for power of investigation by the ACC. Section 20(2) provides that the Commission may, by notification i......State………………….......................Respondents Judgment November 28, 2012. Result: The Rule is made absolute. Cases Referred to- Bahauddin Nasim Vs. Secretary, Ministry of Home Affairs, Government of the Peoples Republic......Appellate Division against the order of the Hon’ble High Court Division in Writ Petition No. 10337 of 2007 dated 2nd December 2007 with a prayer to stay the operation of the said order. Besides granting the prayer for stay, the Hon’ble Chamber Judge directed the ACC to accept the stateme..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......asuddin-al-Mamun demanded money from one Begum Khadija Islam, Chairman of Nirman Construction, with assurance that an work order would be awarded to her for construction of an 80(eighty) M W capacity power station in Tongi BSCIC Industrial Area through his close friend and business partner Tarique R......another…………….....................Opposite-parties Judgment November 27, 2012. Result: The application is summarily rejected. Cases Referred to- Tarique Rahman Vs. Bangladesh, 63 DLR (AD) 18; Pirjada Syed Shariatullah Vs.Bangladesh, 61 ......;of the Criminal Law Amendment Act, 1958 says that Criminal Procedure Code shall apply unless it is not inconsistent with the Act i.e. Criminal Law Amendment Act, 1958. (ii) Whether the sanction granted by the Anti-Corruption Commission can be treated as the sanction of the Government. 2. ..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......tter. He further submits that the second inquiry report has been started by a telephonic order by Deputy Director of CPE in violation of rules of sub-delegation which is a giant violation of abuse of power. 6. Ms. Amatul Karim, the learned Assistant Attorney-General appearing on behalf of the r......Judgment November 22, 2012. Result: The Rule is made absolute. Prohibition of sub-delegation of Power Discretion vested in a particular body or authority can not sub-delegate to some other authority until and unless statute permits such sub-delegation.......... (15) Cas......lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
.... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ...... the nation as a whole on the observations that the conduct of respondent Nos.3 and 4 (the Director-General of Health Services, Directorate of Health and the Director, Medical Education and Health Manpower Development, Directorate General of Health Services) who were entrusted with the sacred respon......oners Vs. Md. Ghulam Mustafa and others…………....Respondents Judgment November 22, 2012. Result: The petition is dismissed. Cases Referred to- Kazi Mokhlesur Rahman Vs. Bangladesh, 26 DLR (AD) 44; Dr. Mohiuddin Farque Vs. Bangladesh, ......ind that the purpose of issuance of the Rule has not been lost as these petitioners can be accommodated in those vacant seats by the order of this Court and therefore, we are disposing of these Rules granting the relief to the children of petitioner Nos.3, 4, 5, 6 and 10 of Writ Petition No.8556 of ..Category: Others | Date: 22 Nov, 2012 | Hits: 20
MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)
....conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ......nced and signed by the learned judges in a criminal case, the Division pronouncing the judgment becomes functus officio. Neither the pronouncing bench nor any bench of the High Court Division has any power to revise, override or alter the decision or interfere with it in any way, even though the lea......p;..Opposite-Parties Judgment November 21, 2012. Result: The application is rejected. Norms and practice It is the norms and practice of the Court that to hear a matter before a Vacation Bench the learned Advocates of the respective parties should be i......conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ..Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ......the mortgaged property in auction, then the right and possession of the mortgaged property will be vested upon the bank. Consequently at the instance of the bank the Adalat rightly by exercising power conferred under section 33(7) of the Ain 2003 passed an order conferring title of the petition......Rahman (Md.).........................Petitioner Vs. Bangladesh and others... .............Respondents Judgment November 20, 2012. Result: The Rule is discharged. Restoration to section 19 for setting-aside the ex-parte decree After passing of the impugned orde......der bank is willing to take over title of the property then it shall abstain from taking any steps under section 33(4) and (5) of Ain, 2003. Therefore, as he submits, the certificate was issued in flagrant violation of section 33(7) of Ain and for that reason the impugned order has been passed witho..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
.... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ......t of the appellant may be reprehensible but the matter cannot be decided on the ground of mere apprehension for non-appearance. Order XLI, rule 19 of the Code of Civil Procedure gives ample power to the appellate Court to re-admit the appeal if the Court is satisfied that the a......he appellant may be reprehensible but the matter cannot be decided on the ground of mere apprehension for non-appearance. Order XLI, rule 19 of the Code of Civil Procedure gives ample power to the appellate Court to re-admit the appeal if the Court is satisfied that the appella...... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
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