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M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)

....t properly applying his judicial mind into the facts and circumstances of the case and law bearing on the subject and the same has resulted in an error in the impugned decision occasioning failure of justice. He next submits that the executing Court having failed to appreciate the simple legal aspec......earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ...... Division (Civil) Present: Sheikh Abdul Awal J M. Moazzam Husain J M/S. Udayan Board Mills, Lamapara, Fatullah, Narayanganj and another....................Defendant Nos.1-2 judgment-debtor-petitioners Vs. Janata Bank, Fatullah Branch, Narayanganj and another....................P......titioners in the course of argument after placing the impugned orders and other materials on record submits that in the facts and circumstances of the case the Artha Rin Adalat seriously erred in law in passing the impugned order without properly applying his judicial mind into the facts and cir..

Category: Civil Law | Date: | Hits: 129

Ahmed Hossain and others Vs. Md. Samsur Ali Mondal and others, 2006, 35 CLC (HCD)

....tance and force in the submission of Mr. S.N. Goswami the learned Advocate for the petitioner and accept the same Consequently, I am of the opinion that the impugned order has occasioned a failure of justice to the petitioners. 8. In the result, the Rule is made absolute without any order as to c......e appeal as early as possible preferably within four months from the date of receipt of this order. Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ......of the plaint which was dismissed on contest and against which the plaintiff preferred Title appeal No.182 of 1991 before the learned sessions Judge, Naogaon and subsequently the same was transferred to the Court of Subordinate Judge, 1st Court Naogaon for disposal. He argues that during pendency of......e upon hearing both the parties rejected the application by the impugned order dated 01.08.2000 on the sole finding that earlier similar type of application was rejected which can not be sustained in law in as much as the petitioners by filing sufficient documentary evidence substantiated their righ..

Category: Property Law | Date: | Hits: 96

State Vs. Arman Ali and another, 2008, 37 CLC (HCD)

....r the verdict of conviction and sentence awarded upon convicts can be sustained in law, evidence, materials on record, fact and circumstances of the case and also in true dispensation of Criminal justice; and c. Whether the convicts can be liberated of the charge staged against them on best......- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ......i and another.........................Condemned Prisoner Judgment November 4, 2008. Result: The Death Reference No.28 of 2005 is rejected with modification of sentence. Cases Referred to- Ismail Barker Vs. State, 33 DLR 320. Lawyers Involved: Mrs. Umme Kulsum Begum, Deputy A...... partisan and interested witnesses and that the learned judge manifestly committed wrong in convicting and sentencing the convicts without proper weighing and shifting the evidence as required by law and that the learned Tribunal has convicted the accused persons only on the basis of surmises an..

Category: Criminal Law | Date: | Hits: 106

Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)

....harghata allowing an application under section 5 of the Limitation Act in Family Execution Case No.03 of 2008, suffers from an error of law resulting in an erroneous decision occasioning failure of justice. 2. Material facts are that opposite party No.1 as plaintiff instituted Family Suit No.12......without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ......��………….Petitioner Vs. Most. Mazeda Begum and others…………………………Opposite Parties Judgment August 18, 2009. Result: The Rule is discharged. Case Referred to- Md. Abdur Rahim and others Vs. Sree Sree Gredhari Jeo, 27 DLR 72. Lawyers Involved: Md.......3.03.2008 passed by learned Assistant Judge and Family Court Patharghata allowing an application under section 5 of the Limitation Act in Family Execution Case No.03 of 2008, suffers from an error of law resulting in an erroneous decision occasioning failure of justice. 2. Material facts are th..

Category: Limitation Law | Date: | Hits: 147

Sarder Mohammad Abdur Rahman and others Vs. Janata Bank and another, 2010, 39 CLC (HCD)

....s that the learned Appellate Court below committed error of law in not giving effect to the provision of Section 41(1) of the Artha Rin Adalat Ain, 2003 which has resulted in serious miscarriage of justice as such the impugned judgment and order is liable to be set aside. In support of his conte...... Rule is discharged without any order as to cost. Send down the lower Court's record at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 356. ......��…………….Petitioners Vs. Janata Bank and another……………………………Opposite Parties Judgment March 18, 2010. Result: The Rule is discharged. Cases Referred to- M/S. United Leather International Vs. Artha Rin Adalat and others, 17 BLT (AD) 204; Humayun H......t is also well-settled that confirmation of sale during pendency of application for setting aside sale is illegal. Mr. Goswami also submits that the learned Appellate Court below committed error of law in not giving effect to the provision of Section 41(1) of the Artha Rin Adalat Ain, 2003 which h..

Category: Civil Law | Date: | Hits: 89

Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)

....e Accord is shown as an essential step towards further integrating the CHT into the body politic of the nation through democratic practices, thereby, contributing to long-term peace, development, justice and stability in the region, and consequentially to the political unity and territorial in......rd of 1997" in "Implementing Negotiated Agreements: The Real Challenge to Intrastate Peace," edited by Miek Boltjes at pages 115-146 (T.M.C. Asser Press, the Hague, Netherlands, 2007). Mr. Roy writes accordingly at pages 121-122. "Bengali in-migration into the CHT had started during the nineteent......s) Judgment April 12, 13, 2010. Result: The Rule in Writ Petition No.2669 of 2000 is made absolute in part. The Rule in Writ Petition No.6451 of 2007 is discharged. Cases Referred to- Indra Sawhney Vs. Union of India, AIR 1993(SC) 477; Rangamati Food Products Ltd. Vs. Commissi......g Hill Tracts ("NCCHT") and the Chairman of the Parbottya Chttagram Jana Shanghati Samity ("PCJSS") (Annexure-B of the Writ Petition) should not be declared to have been made and executed without any lawful authority and contrary to the express provisions of the Constitution and, therefore, void and..

Category: Constitutional Law | Date: | Hits: 314

Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)

....power of the High Court Division to make such orders as may be necessary to give effect to any order under this Code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice." 15. From the said provision, it has become manifestly clear that the inherent power of ......onj P.S. Case No.06 dated 08.12.2000 under sections 395/397 of the Penal Code and after interrogation, the convict petitioner admitted that he has a pipe gun and some looted articles with him; that according to the confession of accused, the informant party went to his house on 02.08.2001 at night......�………………….Petitioner Vs. The State……………………………………Opposite Party Judgment November 26, 2008. Result: The rule is discharged. Cases Referred to- Golam Mohammad Vs. Muzammal khan and 4 others, PLD 1967 SC 317; Md. Alam and 3 others Vs. The......a thing or an institution in which it inheres. This rule has its source in the maxim "Quado lex aliquid alicui concedit, con-coders videturid sine quo ipsa esse non potest" which means that "when the law gives anything to anyone it gives also all those things without which the thing itself could not..

Category: Criminal Law | Date: | Hits: 99

Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)

...., District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ......, District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ......��……………………Accused-Petitioner Vs. The State……………………….Opposite party Judgment November 22, 2009. Result: The Rule is made absolute. Case Referred to- Shahera Khatun Vs. State, 6 BLC (2001) 604. Lawyers Involved: MM. Nuruzzaman, Advocate ......nctus officio and that the subsequent order passed by him was illegal. He lastly submits that taking of cognizance on the basis of subsequent police report is patently illegal and cannot sustain in law. In support of his argument the learned Advocate for the petitioner refers to the case of Shaher..

Category: Criminal Law | Date: | Hits: 84

Bangladesh Film Development Corporation Vs. Chairman, 1st Labour Court, Dhaka and others, 1996, 25 CLC (HCD)

....Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 396. ......cate has submitted that after the expiry of the statutory probationary period of six months the probationer i.e. respondent No.2 automatically becomes confirmed and any service of such worker must be according to the provisions applicable to a confirmed employee. He argues that the probationary peri......upreme Court High Court Division (Special Original Jurisdiction) Present: K M Hasan J Md. Fazlul Haque J Bangladesh Film Development Corporation, represented by the Managing Director ……………………………….Petitioner Vs. Chairman, 1st Labour Court, Dhaka and ...... why the impugned Judgment and Order dated 31‑1‑95 passed by the respondent No.1, First Labour Court, Dhaka in complaint Case No.450 of 1993 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The facts, in short, are that, the respondent No.2..

Category: Labour and Industrial Law | Date: | Hits: 265

Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)

....ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ...... J Mizanur Rahman……………………Petitioner Vs. Surma Khatun…………………..Opposite Party Judgment May 18, 1998. Result: The Rule is discharged. Cases Referred to- Farooque Miah Vs. Tahera Begum, 1981 BLD 165; Ayesha Sultana Vs. Md. Shajahan Ali, 38 DLR 140......rs from the evidence that no suggestion was given to any of the witnesses on this point. No argument was advanced before the trial Court nor before the appellate Court on this point.It is true that a law point can be raised in revision for the first time but the law point raised here is related to a..

Category: Procedural Law | Date: | Hits: 105

Akhter Hossain (Md.) Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....roup-2 and Inquiry Officer, Customs House, Dhaka and withdraw the suspension order of license. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 82. ......roup-2 and Inquiry Officer, Customs House, Dhaka and withdraw the suspension order of license. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 82. ...... J Md. Moinul Islam Chowdhury J Akhter Hossain (Md.)…………………………..Petitioner Vs. Bangladesh and others………………………………..Respondents Judgment October 21, 2009. Result: The Rule is made absolute. Lawyers Involved: Manzil Murshid, Adv......ector, Customs Group 2 and Inquiry Officer, Customs House, Dhaka and/or pass such other or further order or orders as this Court may seem fit and proper. 2. It is stated that the petitioner is a law abiding citizen of the country and Proprietor of Messrs Parul Trade International. He obtained..

Category: Fiscal/Taxation Law | Date: | Hits: 166

Md. Nurussafa Vs. State and another, 2012, 41 CLC (HCD)

....in reported in 61 DLR (AD) 17. In that decision, it was observed in paragraph 13: "13. Cardinal principle of the criminal jurisprudence is that the person concerned should submit to the process of justice before he can claim the right of audience provided in lawas well as the judicial convention,......been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ......afa…………………………Petitioner Vs. State and another……………………Opposite-Parties Judgment January 4, 2012. Result: The Rule is discharged. Cases Referred to- Anti-Corruption Commission Vs. Mahmud Hossain, 61 DLR (AD) 17; State Vs. Abdul Wahab Shah Cho......e period of stay was ultimately extended till disposal of the Rule by this Court by its order dated 26-1-2010. Given this scenario, it is palpably clear that the petitioner has been a fugitive from law for about two years. As a fugitive from law, he has no legal right to prosecute the Rule. But in..

Category: Criminal Law | Date: | Hits: 99

Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)

....f the defendant No.3 appellant-opposite parties while supporting the impugned judgment passed in appeal vigorously argued that the appellate court committed no error of law occasioning failure of justice in reversing the judgment passed by the trial court since each and every finding of the tria......a has been proved to be genuine on the Bainapatra of the plaintiff dated. 02.04.1979 and also the Bainapatra of the defendant No.3 dated 1.1.1979 the provision of section 47 will come into play and accordingly the earlier executed Bainapatra will have prevalence over the later executed Bainapatra.......ikh Village, Post Office and Police Station-Pirojpur, District-Pirojpur.........................Plaintiff-Respondent-Petitioner Vs. 1. (Ka). Md Rafiqul Islam (Jwell), 1(Kha). Mofizur Rahman (Milton), 1(Ga). Md. Hafizur Rahman (Salim), 1(Gha). Md. Shafiqul Islam (Faruque), 1(Uma). Md. Humayun K...... by denying all the material allegations of the plaint and admitting the statement made in the written statement filed by the defendant No.1 contended inter alia, that the plaintiff is the brother-in-law of the defendant No.3. The defendant No.3 married the maternal cousin sister of the plaintiff an..

Category: Property Law | Date: | Hits: 119

Editor, Bangladesh Observer, Dhaka & another Vs. Member, Labour Appellate Tribunal and others, 1998, 27 CLC (HCD)

....ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 606. ......ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 606. ......is Case is also Reported in: 50 DLR (HCD) (1998) 606. ......he Third Labour Court, Dhaka, in P.W. Case No.14 of 1992 allowing the case, as evidenced by Annexure 'E' and 'C' respectively to the writ petition should not be declared to have been made without any lawful authority and to be of no legal effect and also obtained the order of stay of the operation o..

Category: Labour and Industrial Law | Date: | Hits: 215

Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)

.... without applying judicial mind. The impugned judgment and order is not sustainable in law. Both the Courts below have committed an error of law resulting error in the decision occasioning failure of justice. 39. In the result, the Rule is made absolute, with costs of Tk.20, 000/-. The impugned j...... 6th Court of learned Assistant Judge, Dhaka for setting aside the money decree passed in Artha Rin Suit No. 227 of 2001. The opposite party No. 1 submitted an application for rejection of plaint and accordingly the plaint of Title Suit No.158 of 2005 was rejected by order dated 17.9.2006. 5. Bei............................Petitioners Vs. Al-Arafa Islami Bank Ltd. and others ..................Opposite Parties Judgment May 2011. Result: The Rule is made absolute. Cases Referred to- IFIC Bank Ltd. Vs. Manner Fashions Ware Pvt. Ltd. and others, 12 BLC (HCD) 723; Abdus Sattar ......he C.S. Khatian No.17 of mouza Bamuel and Mutated Khatian No.31/1 photocopy of OCR and one rent-receipt. The other documents are amendment of Civil Court Act, 1887 vide Act No. 49 of 2001. The case law of IFIC Bank Ltd. Vs. Mariner Fashions Ware Pvt. Ltd. and others, reported in 12 BLC (HCD) 723 a..

Category: Civil Law | Date: | Hits: 112

Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....ugned Memo dated 17.5.2009 withdrew his earlier order dated 12.5.2009 without serving any show cause notice or giving any opportunity of personal hearing and thereby violated the principle of natural justice. Challenging the said Memo dated 17.5.2009 the petitioner moved this Hon'ble Court with Writ......re-B) issued by the District Registrar, Dhaka withdrawing his earlier order dated 12.5.2009 appointing the petitioner as Nikah Registrar of Ward No.53 of Dhaka City Corporation on temporary basis and accordingly a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned......…………………..Petitioner Vs. Bangladesh and others....................................Respondents Judgment June 1, 2010. Result: The Rules are discharged. Case Referred to- Dhaka Vegetable Oil Industries Ltd. Vs. Commissioner of Taxes, 49 DLR (AD) 136; Bangladesh Vs......of 2009. And Writ Petition No.6235 of 2009. Judgment Md. Delwar Hossain J. - These 2(two) Rules Nisi are taken up together to be disposed of by this single judgment as common question of law and similar facts are involved. 2. In Writ Petition No.3392 of 2009 the petitioner filing an ..

Category: Civil Law | Date: | Hits: 130

Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)

....rder passed in this case stands vacated. Let a copy of this Judgment and Order be transmitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ......1991, drawn and signed by the Directors in the Board Room of the Bank and therefore we feel it WASA Board Resolution, not a personal property of any of the Directors. It is a property of the Bank and according to company law, a shareholder has no right, title or interest in any property of a company......ellaneous Case No.4266 of 2009. Judgment Quazi Reza-ul Hoque J.- On an application under section 561A the Code of Criminal Procedure 1898, this rule was issued calling upon the opposite-parties to show cause as to why the proceedings of Complain. Case No.7404 of 2008 dated 15-12-2008 under Sec......d by the Directors in the Board Room of the Bank and therefore we feel it WASA Board Resolution, not a personal property of any of the Directors. It is a property of the Bank and according to company law, a shareholder has no right, title or interest in any property of a company except his right to ..

Category: Criminal Law | Date: | Hits: 100

AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)

....ected to the rigorous and expenses of a full scale trial. 21. The Role of High Court Division is to see whether things are done rightly. High Court Division by its inherent jurisdiction can impart justice and can also eliminate injustice. This Division is empowered to see whether the charge again...... as per the proposal of the accused gave loan of Taka 2,25,00,000 within 23-9-2006 to 21-2-2008. 3. It is further stated that the complainant, later on, pressed the accused to repay his loan and accordingly the accused issued a cheque of Taka 1,50,00,000 being No. NCCB/C 5710308 from his curren......�………….Petitioner Vs. State and another…………………………………Opposite-parties Judgment December 9, 2010. Result: The Rule is made absolute. Cases Referred to- 11 DLR (SC) 394; Reazuddin Ahmed Md. Vs. State and another, 49 DLR (AD) 64 = 1997 BLD (AD) 12......eque was dishonored; that the complainant approached the accused for immediate repayment of loan but he failed for which the complainant sent a legal notice on 3-6-2008 to the accused through his lawyer which was received by the office of the accused on 8-6-2008 but the accused did not take any ..

Category: Criminal Law | Date: | Hits: 99

Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)

....ove findings of fact it is apparent that the tender Evaluation Committee has totally failed to show transparently in their evaluation of tenders and by disregarding all principles and canons of justice considered major deviations purposely to award the tender to a non-complaint bidder and ther......esting the parties to send their authorized representatives with supporting papers before the review panel on 2-12-2007 at 10.00 AM. After hearing the parties, the Review Panel reviewed the compliant according to the provision of Regulation 53 of the Public Procurement Regulations, 2003 and the comp......his Case is also Reported in: 64 DLR (HCD) (2012) 7. ......rika/bmre/ SKW FM Transmitter/2007-166 dated 16-4-2008 communicating the decision of re-tender to the petitioner (Annexure-B) both issued by Respondent No.2 shall not be declared to have been without lawful authority. 2. On the date of issuance of the Rule the operation of the impugned order was ..

Category: Others | Date: | Hits: 127

Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)

....nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ......s opposite party appellant, mother, Mst. Rabeya Khatun and father, Sheikh Moqbul Ahmed. At the time of death of Shiekh Sharif Ahmed, left moneys mentioned in schedules 'Ka', 'Kha', 'ga' and 'gha' and according to Muslim Law of inheritance, the applicants are entitled to get the money as per their sh......haklader J AKM Abdul Hakim J Ms. Nurunnahar Begum…………………………Appellant Vs. Sheikh Moqbul Ahmed and others………………………………Respondents Judgment October 21, 2009. Result: The appeal is allowed. Lawyers Involved: Fazlul Karim, Advocate ......le to set aside. Learned Advocate further submits that, learned Judge acted illegally in treating the application filed under section 373 of the Succession Act as suit there by fallen into error of law and fact in passing the impugned order. 10. Mr. Md. Israfil Hossain, learned Advocate for the..

Category: Civil Law | Date: | Hits: 136

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