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Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)
....appearing for the respondent No. 2-bank by filing affidavit-in-opposition opposes the Rule. His contention is that the law is well settled that order of warrant of arrest cannot be circumvent in any manner or on any pretext. Further he has also stated that the petitioner being a fugitive c......27-7-2006 the respondent No. 2, Bank made an application for issuing warrant of arrest for detaining the petitioner in the civil prison which was allowed by the respondent No. 1, Adalat. At this stage the petitioner moved this Division and obtained the present Rule. 3. Mr. Abdullah Al Mubi...... Division finally set at rest the proposition of law in respect of issuing order of warrant of arrest in a case under Artha Rin Adalat Ain 2003. But the fact remains that the application by which the proceeding of warrant of arrest has to be set in motion should be in the manner and in keeping with ..Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4
Seven Circle Bangladesh Ltd Vs. Labour Appel¬late Tribunal, 2012, 41 CLC (HCD)
....espondent No.1) in Appeal Case No.74 of 2009 (Annexure-E) setting-aside the judgment and order dated 14-5-2009 in Complaint Case No.04 of 2006 by the Third Labour Court, Dhaka has been passed without any lawful authority and is of no legal effect. 2. In this application under article 102 of the......reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ...... came into force on 11-10-2006 when the dispute between the parties was pending before the Labour Court. Section 353(b) of the Bangladesh Labour Act, 2006 is as follows:— "Any case or proceeding pending in any Court or tribunal at the time of commencement of this Code shall continue ..Category: Labour and Industrial Law | Date: 15 May, 2012 | Hits: 23
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....tant Sub-Inspector of Food and the complainant further alleged that the accused again demanded Tk.6,00,000/- for appointment of that post and the complainant paid Tk.2,00,000/- but did-not give him any service or did not return the same. Lastly on 10.06.2010 the complainant filed a General Dairy ......on'ble High Court Division held: "When the allegation made in the First Information Report or petition of complaint do not disclose any offence, an accused should not be compelled to wait till the stage of hearing under section 241A of the Code of Criminal Procedure" reported in 52 DLR page 105.......Petitioner Vs. State and another....................Opposite parties Judgment May 13, 2012. Result: The Rule is made absolute. In quashing a criminal proceeding, the court is to consider only the prima facie case against the accused. Any case which ..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
....lows:—
An arbitration proceeding between the appellant Maisha Corporation (Pvt) Ltd and the respondent Bangabandhu Sheikh Mujib Medical University (herein after will be called claimant-company and BSMMU respectively) was started out of a dispute over the supply, acceptance, installation a......first party submitted tender on 12-11-2005, though the claimant-company did not have requisite experience and qualification to participate in the tender. He was also made responsive at the first stage tender. That the company had business in manufacturing and supplying cartons. Mr. Mohammad Sha......ous Case No.543 of 2009 setting-aside the Arbitral Award dated 21-6-2009.
2. The relevant facts for disposal of the Miscellaneous Appeal may be stated as follows:—
An arbitration proceeding between the appellant Maisha Corporation (Pvt) Ltd and the respondent Bangabandhu Sheikh ..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....nt appellant's case is that, the father of the plaintiffs, late Professor Yusuf Ali and this defendant had good relationship. This defendant established "Datco Private Limited" Company and this defendant through this Company earned foreign currency for this country. Defendant at f......ths when the respondent paid Taka 1,00,000, which is more than double the monthly rent, further the appellant has taken the plea of waiver at the earliest opportunity, that is, at the trial stage can be seen from paragraph No. 3 of the written statement. iii) the final burden to prove...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
.... 1 All ER 1118; Me Carthy Vs. Grant, 1959 NZLE 1014; Rex Vs. Local Government Board (1914) 1KB 160; Kanda Vs. Government of Federation of Malaya, 1962 (AC) 322; Century Spinning and Manufacturing Company Case AIR 1971 SC (1021), Veerapa Rachappa Saboji, (AIR 1975 SC 773). Lawyers Involved: ......Diplock in Council of Civil Service Unions Vs. Minister for the Civil Service (1984) 3 All KR 935 at 949 commands considerable respect. "Judicial review has I think developed to a stage today when, without reiterating any analysis of the steps by which the development has come ab...... Prof. Muhammad Yunus having challenged the impugned orders himself, they have no locus-standi to challenge the same orders by a separate petition for, if such process is allowed multiplicity of proceedings would crop up and there would be likelihood of conflicting decisions over the same ..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....ct does not provide such jurisdiction to the High Court Division to exercise such power under Arbitration Act........ (17) Remedy prescribed by special law shall prevail over general law If any legal remedy is ordinarily available under both general law and special law, the remedy prescrib......py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ......st the aforesaid order dated 7-4-2011 permitting the 2nd party Rule petitioner to complete the construction of the 3rd floor at their own risk the opposite-party i.e. the 1st party of the arbitration proceeding filed provisional civil petition for Leave to Appeal No.568 of 2011 in the Appellate..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....But the action of the President or the Government, as the case may be, must be based on some rational, reasonable, fair and relevant principle which is non discriminatory and it must not be guided by any extraneous or irrelevant considerations. It is well settled that all public power including co......oncerned Ministry failed to supply the file to the office of the Attorney-General. In such facts and circumstances we directed the Secretary, Ministry of Home Affairs to produce the file and at one stage we had compelled to issue Suo Motu Rule for contempt against the Secretary, Ministry of Home a......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....n-opposition and a supplementary affidavit-in-opposition denying the material averments made in the writ petition contending, inter alia, that respondent No.6 is neither a borrower nor a mortgagor of any land with bank and that he had knowledge about the Artha Rin Suit. His father Serajuddin Sarder ......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......বস বর্ধিত করিতে পারিবে।” 16. Having considered the section, in general, it appears that if a third party raises any objection against the execution proceeding by submitting any claim (দাবী), then he has to comply with the provision of sub-s..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....he liberty to lay their claims e.g. on the seized gold before the proper authority under the relevant law. In such instances, the High Court Division should not entertain the writ petitions and if any Rule is issued therein that should have been discharged on the ground of maintainability…......e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ......25B of the Special Powers Act, which are now pending before the Special Tribunal for trial. The concerned writ petition involved disputed questions of fact which could not be resolved in summary proceedings under article 102 of the Constitution. Hence the Rules were liable to be discharged. ..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
....The plaintiffs claimed a saham for 91 bighas of land and the defendants 182 bighas of land. In the application for appointment of receiver the plaintiffs stated that the defendants sold out lands by many deeds of sale numbering more than fifty exceeding their shares. The plaintiffs also stated that ......ourers of the plaintiffs, who had been ploughing the land of the plaintiffs. Under the circumstance it is necessary to appoint a receiver in respect of the suit land just to save the suit land from wastage and selling. 6. The learned Joint District Judge, First Court, Dinajpur allowed the appl......on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
....eposited within 1 (one) month. The petitioners are permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ......at the application was barred by limitation and in the circumstances the trial court committed great error and illegality in allowing the same application of this opposite party No.23 at a subsequent stage and thereafter allowing pre-emption of half of the land transferred in favour of this co-preem......eposited within 1 (one) month. The petitioners are permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ..Category: Property Law | Date: 15 Apr, 2012 | Hits: 149
Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)
.... would face similar eventuality in respect of other pending appeals is the High Court Division. We noticed that though the High Court Division added the petitioner in the appeals, did not assign any reason whatsoever as to why it would not be able to contest the appeals or defend the impugned j......pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ......s not only a necessary party but also entitled to contest an appeal to be preferred by an accused person against any judgment, order or conviction passed by the Special Judge arising out of proceedings initiated by the Commission. 3. The High Court Division noticed section 10 of the C..Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212
Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)
....r containing a prohibitory order that on sub-inspector of police will be considered for promotion who has three black marks or major punishment in their service career. This condition is not based on any law or police regulations. That the petitioners were not considered for promotion for having 3 b......rding a black mark, promotions cannot be withheld for any unreasonable period. From the service record of the writ petitioners, in would be seen that most of the Black marks were given at the early stage of their service as they lacked experience. But with more experience, they got better rewards ......tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ..Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120
Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)
....ar prayer. Deceased Abdur Rakib was the “অভিযোগ ক্লার্ক”of the Second Subordinate Judge's Court (place of work not mentioned in the deposition of the P.W.). Many cases were pending against the accused in court and they asked the deceased to help them in thos...... FIR is the earlier version of the prosecution case and the statements made therein can be looked into with a view to find the prosecution story as a whole as set out in the earlier stage Veracity of the testimony of its maker can very well be adjudged by looking at the material co......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ..Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2
Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)
....re this Division. 7. Dr. A. K. M. Ali, the learned Counsel appearing on behalf of the petitioner submits that the Inquiry Committee detected irregularities in the Trading of the Respondent Company which indicated manipulated trading and as such without taking further evidence and deposition d...... (AD) 189, this Division held that there was prima facie allegation of contravention of Section 17 of the Ordinance in the complaint petition and as such the proceeding could not be quashed at that stage. 5. After hearing the parties, by the impugned judgment and order, the High Court Divisio......f the Securities and Exchange Ordinance. 3. The respondents herein filed Criminal Miscellaneous Case No.3280 of 2002 under section 561A of the Code of Criminal Procedure seeking quashment of the proceeding of C.R. Case No.1075 of 1997 under sections 17 and 24 of the Securities Exchange Ordinanc..Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
.... as the accused-petitioner) alleging, inter alia, that he is the proprietor of his business establishment, the Asian Poly @ Box. The accused-petitioner submitted an application to the complainant-company for short term loan facility and a loan of TK. 15,00,000.00 was sanctioned to him. At the time o......ehalf of the State. In the circumstances, the learned Additional Session Judge issued bailable warrant against the complainant fixing the next date on 04.11.2008 for examination of witnesses. At this stage of the proceedings, the accused-petitioner filed the application before the High Court Divisio......State. In the circumstances, the learned Additional Session Judge issued bailable warrant against the complainant fixing the next date on 04.11.2008 for examination of witnesses. At this stage of the proceedings, the accused-petitioner filed the application before the High Court Division under secti..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....tition) and thus unlawful and is of no legal effect. 3. Material facts necessary for disposal of the case are as follows:- The petitioner, ABC Attire Limited (hereinafter stated as the Company) is a private limited garments manufacturing company. In course of its business the Company obta...... sold to respondent No.11 through registered deed dated 28-10-2011 and possession was delivered to him on 31-10-2010; (v) the petitioner neither opposed the auction sale of the property at any stage nor took any attempt to pay the decretal dues; (vi) the Notification is purely some recom...... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....ourse of trial charge was framed, on 29-11-2010, against the accused, under section 11(Ga) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended 2003), in absentia. The prosecution examined as many as 8(eight) witnesses. 6. After closing of the prosecution evidence, the convict-appellant ......ctive one and the conviction and sentenced should not be uphold. 18. In this situation, the conviction and sentence is liable to be set-aside and the case should be sent for retrial from the stage of examination under section 342 of the Code of Criminal Procedure. But the learned advocate f......used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)
....nt Attorney General and gone through the petition of complaint, wherein the petitioners have taken the grounds that the allegation of infringement of design is a civil dispute and does not constitute any criminal offence. The complainant has remedy in a suit for perpetual injunction or that for dama...... cognizance of offence against the petitioners and subsequently framed charge against them. Whether the petitioners used the same design being a question of fact can only be decided in trial. At this stage there is no scope for quashment of the proceedings. 7. We have considered the submission ......8. Judgment Md. Ruhul Quddus, J.- This Rule at the instance of the accused-petitioners was issued on an application under section 561A of the Code of Criminal Procedure for quashment of the proceedings in C. R. Case No.215 of 1997 under sections 482 and 483 of the Penal Code that was pendi..Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218
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