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Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)
...., 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. ...... 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
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ....... Md. Nasir Hossain…………………………………………......Respondents Judgment December 2, 2012. Result: This civil petition for leave to appeal is dismissed. The SA and RS records are not an evidence of title and a registered ...... such, affirmed the judgment of the appellate Court. 14. The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of laws and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... 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 ...... Writ Petition No. 8987 of 2012. Judgment Farah Mahbub J.- In this Rule, issued under Article 102 of the Constitution of the People's Republic of Bangladesh, the respondents have been called upon to show cause as to why the impugned Memo No.বাজাবস/নথি-১/২০১......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)
.... 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......r the appointment of the honorary teachers in the newly created posts be forwarded to the Hon'ble President of the Republic? 23. The DG, Health Directorate replied to the said queries specifically by its office Memo No.Sha: Adhi:/Ho: De: Chi: Sha: Ho: Di: Ka:/Janabal-Rajaswa/2005/8300 dated......রতে হবে।” 5. In view of the report of the Inspection Committee of the University of Dhaka, the Syndicate of the University of Dhaka approved the said recommendations in its meeting dated 3-6-2000 and extended the registration of the College subject to the fulfillment of th..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....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...... appeals are that the respondent of Civil Appeal No.327 of 2008 as writ-petitioner (hereinafter referred to as the petitioner) filed Writ Petition Nos. 459 of 2005 before the High Court Division calling in question the order of punishment dated 30-11-1997 passed by writ-respondent No.2, appella......everal others were terminated/dismissed from the BPATC service as a sequel to a charter of demand which was made for improving their working conditions. The charter of demand was considered in a meeting of the BPATC under the Chairmanship of the Rector, Dr. Ikram Husain on 10-6-1997. It was dec..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....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...... no jurisdiction to take cognizance against the complainant appellant and to pass the impugned judgment and order. 5. In the complaint case complainant-appellant filed an application praying for calling for the records of objection case No. 235 of 1997 in respect of the property of Mouza Ramnag...... 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. ..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....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...... Criminal Miscellaneous No.42595 of 2012. Judgment AHM Shamsuddin Choudhury J. -The Rule under adjudication, issued on 17.10.2012 was in following terms: “Let a Rule be issued calling upon the opposite party to show cause as to why the proceedings of Ramna Police Station Case......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: ..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....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 ......ion with regard to the questions mentioned above, I am of the opinion that a thorough scrutiny of the relevant laws is needed for which I am inclined to issue Rule. 4.Hence, Let a Rule be issued calling upon the opposite-parties to show cause as to why the impugned order dated 18-10-2012 passed......Republic of Bangladesh and those Ordinances were not approved by the parliament and as such the said Ordinances died their natural death on 24th November, 2009 upon expire of the 30 days of the first meeting of the 9th Parliament. As such, the proceeding under the said Ordinances is absolutely illeg..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: .........Petitioner Vs The State.…………………………..............Respondent Judgment November 26, 2012. Result: The Jail Petition is dismissed. Cases Referred to- State Vs. Tasiruddin, 13 DLR 203; Nalu Vs. State reported in 1 Apex Law Report’s (AD) 222......Husna Begum and neighbour Ahid Miah with other local people who told the informant. On 16.05.2003 at about 12.45 p.m. when the mother of the informant Rokeya Begum went beside their dwelling house to call their servant Jabbar Ali, the accused abused Rokeya Begum in filthy language and at one stage, ......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....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......ents. Writ Petition No.9283 of 2011. Judgment ABM Altaf Hossasin J. - The Rule Nisi under Adjudication issued on 02.11.2011 was in the following terms: "Let a Rule Nisi issue calling upon the respondents to show cause as to why the order Vide Memo No.38.210001.01.019. 2011/2......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 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, ....... 2. The above mentioned writ petition was filed by the writ-petitioner-respondents (hereinafter referred to as the petitioners) before the High Court Division with the prayer for issuing a Rule calling upon the writ-respondent-petitioners herein to show cause as to why the admission test for M...... 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. ..Category: Others | Date: 22 Nov, 2012 | Hits: 20
MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)
....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......34018 of 2010. Judgment M Enayetur Rahim J. - Supplementary affidavit filed today do form part of the main application. 2. This is an application filed by the accused-petitioner for re-calling the Judgment and order dated 4-7-2012 passed by a Division Bench of this Court discharging t......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)
....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......torney-General— For the Respondents. Writ Petition No.392 of 2010. Judgment Md. AshfaquI Islam J. - At the instance of the petitioner, Md Azizur Rahman, this Rule Nisi was issued calling upon the respondents to show cause as to why the Order No. 19 dated 9-9-2009 (Annexure-D-2) ......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. ..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....ts, yet this Court, being the last Court of facts, can arrive at such a finding on re-appraisal of the evidence and materials on record and in the facts and circumstances of the case inasmuch as, the powers and functions of the trial Court and those of the Appellate Court are co-extensive. In t......….....................................Respondent Judgment November 20, 2012. Result: The appeals are dismissed. Section 164(3), the Code of Criminal Procedure, a mandatory provision of law It is a settled principle of law that the requirement of adherence to the......07, argues that the alleged confessional statement of Md. Khorshed was untrue and obtained under duress and since it is neither true nor voluntary, he filed a petition on 06-11-2000 retracting his so-called confessional statement; but the Court below failed to appreciate this dimension of the case c......e The distinct feature of section 34 of the Penal Code is the element of participation in action; A common intention pre-supposes prior concert. Accordingly, there must have been a prior meeting of mind. For an inference of common intention to be drawn for the purpose of section 34, the..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....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......application under Order XLI, rule 19 of the Code of Civil Procedure, depends on Whether the appellant was prevented by sufficient cause from appearing before the Court when the appeal was called on for hearing. The conduct of the appellant may be reprehensible but the matter cannot ...... 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
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....llate court should be slow and circumspect to disturb a finding of fact but if it is of the opinion that the finding of fact is wrong and not borne out by the evidence/there is no limitation on its power to interfere with the order of acquittal. An accused starts with a presumption of innocence ......t he committed the crime. In criminal cases a confession made by an accused voluntarily is evidence against him of the facts stated. The ground of reception of voluntary confession is usually said to be the presumption that no person will make a statement against his interest unless it is true; ......on the accused. When the burden of fact is on the prosecution, the case must be 'proved beyond a reasonable doubt. When, however, the burden of an issue is upon the accused, he is not, in general, called on to prove it beyond a reasonable doubt, or in default to incur a verdict of guilty, it i......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
....ate court should be slow and circumspect to disturb a finding of fact but if it is of the opinion that the finding of fact is wrong and not borne out by the evidence, there is no limitation on its power to interfere with the order of acquittal. An accused starts with a presumption of innocence w......at he committed the crime. In criminal cases a confession made by an accused voluntarily is evidence against him of the facts stated. The ground of reception of voluntary confession is usually said to be the presumption that no person will make a statement against his interest unless it is true; ......s on the accused. When the burden of fact is on the prosecution, the case must be proved beyond a reasonable doubt. When, however, the burden of an issue is upon the accused, he is not, in general, called on to prove it beyond a reasonable doubt, or in, default to incur a verdict of guilty, it is...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....on fee and accordingly, he paid the said amount and the suit plot was converted as a commercial plot from residential one. Thereafter, Engineer Shamsul Kabir Humayun Reza of Bara Mogbazar gave a power of attorney to Eastern Housing Limited, a company of Islam group on 21-12-2003 vide No. 1......hellip;……………Respondents (In Civil Petition No.2199 of 2011) Judgment November 12, 2012. Result: The petitions are dismissed. Cases Referred to- Ali Haider Vs. State, 10 DLR (SC) 193; Allah Ditta Vs. State, 11 DLR (SC) 38; Chainchal Sin......oached the Ward Commissioner of Ward No.53 for giving a certificate to the effect that they were the heirs of actual Shamsul Kabir Humayun Reza. The Ward Commissioner himself enquired the matter physically on the spot (সরেজমিনে) and found that the plaintiffs were the heirs of actual ......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
....ere the workers of different status and they were posted in different places. They had no common interest as alleged from the side of the petitioners. The defendant-opposite-party No. 1 was legally empowered to issue the order of termination under the purview of law and after compliance of all legal......ra Road, Barisal City, District-Barisal and others……..................Opposite parties
Judgment
November 8, 2012.
Result:
The Rule is discharged.
Cases Referred to-
48 DLR (AD) 63;d 29 DLR (SC) 39; 12 MLR (AD) 248, Kazi Md. Abdul Quddus & another Vs. M......y, Advocate -For the Petitioners
Syed Mofijur Rahman, Advocate-For the Opposite Party No.2
Civil Revision No. 4890 of 2010
Judgment
Soumendra Sarker J.- This Rule have been issued calling upon the opposite party No.1to show cause as to why the impugned judgment and decree dated 0......he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
.... Though the name of the accused-petitioner has not been mentioned in the FIR, but his prima facie involvement has been disclosed in the charge-sheet submitted by the investigating officer duly empowered by the commission. On scrutiny of the charge-sheet, the specific allegation of abetment agai......lip;………...Opposite Party Judgment November 8, 2012. Result: The Rule is discharged. Under latest Propositions of Law, an Accused cannot remain on Anticipatory Bail for an Unlimited Period- It is now well settled that after submission of the police r......ase No. 20499 of 2009. Judgment Md. Nazrul Islam Talukder J.- On an application under section 561A of the Code of Criminal Procedure filed by the accused-petitioner, a Rule was issued calling upon the pposite-parties to show cause as to why the impugned proceedings of Special Case No...... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
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