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Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ...... encashment to the Dutch Bangla bank Ltd. Narayangonj branch and on both occasion the cheque was dishonoured for insufficient fund. Finding no other alternative, the complainant issued a legal notice according to the provisions of the Negotiable Instruments Act through his learned Advocate on 30.08.......rties Judgment July 25, 2013. Result: The Rule is discharged. A company being a juristic person, all its deeds and functions are the result of the acts of Managing Director. Therefore, a Managing Director of the company is responsible for the acts done in the name of t......und that in the petition of complaint the Company has not been implicated as an accused and the cheque itself is not a valid one, as it has been presented after four years of its maturity, which is unlawful as such the accused petitioner should be discharged. After hearing the parties the learned As..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....e to secure unlawful gain to petitioner No. 1. Fraud vitiates everything. Besides, in such a case, the corporate veil is to be lifted to find out the real culprits and to undo the misdeed for ends of justice, in order to obviate harassment by dragging the company to multiplicity of proceedings, part......ompliance with the provisions of Article 4 of the Articles of Association of the company and the relevant provisions of the Companies Act, 1994 and the return of allotment in Form-XV thereof was accordingly filed with the Registrar of Joint Stock Companies on 22-4-2010. That the respondent No. ......0,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......oners Vs. SF Winsome Fashion Ltd. and others……………….Respondents Judgment July 24, 2013 Result: The application is allowed Unlawful Gain was Fraudulent and the Illegal Exdebito Justitiae The entire transaction of th..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
....respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
......te.
In the result, the Rule is made absolute without any order as to cost. The orders impugned against are declared to have been passed without any lawful authority and is of no legal effect and accordingly set-aside. The case is sent back to the Adalat to hear and decide the application for re......etition No.10545 of 2011.
Judgment
Md. Ashfaqul Islam J.- At the instance of the petitioner, Bangladesh Development Bank Limited, this Rule Nisi was issued calling upon the respondent Nos.1 to 4 to show cause as to why the judgment and order dated 25-9-2011 passed by the Judge, Artha Rin A......n Artha Rin Suit No.83 of 2004 and judgment and order dated 13-11-2011 passed by the Judge, Artha Rin Adalat, Jessore in Artha Jari Case No.9 of 2005 shall not be declared to have been passed without lawful authority and is of no legal effect.
2. The background leading to the Rule, in short, is..
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......above, we find no error apparent on the face of the record in the judgment passed by this Division sought to be reviewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR......hellip;……………Respondents (In both cases) Judgment July 24, 2013. Result: The petitions are dismissed. It is true that in the judgment sought to be reviewed, there had been no detailed discussions as to the point raised before the High Court ...... Court Division that the respective petition of complaint having been filed before expiry of the statutory period as stipulated in clause(c) of the proviso to section 138(1) of the Act, was barred by law, this Division having affirmed the judgment and order passed by the High Court Division which to..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ......y of thirty days, i.e. on 29th day, because of such payment, no cause of action to proceed with the case would have subsisted. 13. For the discussions made above, we find merit in the appeal and accordingly, the same is allowed. The impugned judgment and order of the High Court Division quashin...... Result: The Appeal is allowed. There is no absolute bar in filing a petition of complaint before expiry of thirty days of the receipt of the notice issued under clause (b) of the proviso to section 138 as created in case of filing a petition of complaint after expiry of one month of the......ions Case No.416 of 2007 arising out of CR Case No.218 of 2007 is set-aside. The concerned Joint Sessions Judge, Rajshahi is directed to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) ..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)
....304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ......ion having been altered to one under the first part of section 304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: .....................Respondent Judgment July 23, 2013. Result: The appeal is allowed. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record-For the Appellant. Shohrowardi, Deputy Attorney General, instructed by B. Hossain Advocate-on-Record-For Respondent. Criminal Appeal No.51......he Criminal Petition for Leave to Appeal No.99 of 2003 before this Division. Upon hearing, Leave was granted to consider the following ground: “Because the Hon’ble High Court Division erred in law in awarding twenty years of sentence upon the accused appellant petitioner after converting his ..Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88
....e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
......oyees who have been absorbed in the revenue set up from the development projects. Therefore, while interpreting the words used in the Rules beneficial construction should be given. Nevertheless, according to the interpretation of statutes, even where the usual meaning of the words falls short o.............................Respondents
Judgment
July 8, 2013
Result:
The Rule is made absolute
Rule 6, the Regularisation and Seniority Fixation of Posts from Development Project to Revenue Budget, 2005 Rules clearly entitled an employee transferred from the development project ......ction grade to persons in the revenue post who were transferred from the development project without counting their service period in the development project should not be declared to be without lawful authority, ultra-vires of Rule 6 of the উন্নয়ন প্রকল্প হইতে..
Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3
Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)
....in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ......in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ...... instructed by Mohd. Nawab Ali Advocate-on-record- For the Petitioner. Fida M. Kamal, Advocate Instructed by Shamsul Alam, Advocate-on-record-For the despondent. Civil Petition for Leave to Appeal No.1430 of 2009. Judgment Mohammad Anwarul Hague J.- This petition for leave t...... 5. Mr. Quamrul Islam Siddiqui the learned Counsel appearing on behalf of the plaintiff-petitioner submits that High Court Division has totally misconceived the spirit of the amended provisions of law incorporated in the Registration Act by Act 25 of 2004, and Specific Relief Aet,1877 by Act 27 ..Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......ip;……..Respondents Judgment June 20, 2013. Result: All the appeals are allowed. Where a grave and heinous crime has been committed but in absence of any satisfactory proof of the guilt, in this constriction, question of benefit of doubt favors the accused ......he order of conviction of the appellants on the basis of circumstantial evidence regarding their presence at the place of occurrence and threatening P. W.1 and P.W.2 by Jahirul Islam @ Dipu is bad in law. He submits that the evidence of the P.W.1, father of the victim and P.W. 2, brother of the..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
....also filed a supplementary affidavit in Court stating additional grounds. He also submitted that the Court below committed an error of law resulting in an error in the decision occasioning failure of justice in not considering that the pre-emption case does not come within the purview of the plaint ...... we are of the firm view that the proceeding started under Section 96 of the State Acquisition and Tenancy Act is not a suit, it is an application which does not come within the purview of the plaint according to Order VII, rule 1 of the Code. The plaint has been explained and codified in Order-VII ............Petitioner Vs. MH Rahman and others..............Opposite Parties Judgment June 17, 2013. Result: The Rule is made absolute. Cases Referred to- Abul Khair Vs. Pubali Bank Ltd, 53 DLR (AD) 62; Abul Masud Khan Vs. Khan Mohammad Abdullah ...... taken 3 grounds and today at the time of hearing of the Rule he also filed a supplementary affidavit in Court stating additional grounds. He also submitted that the Court below committed an error of law resulting in an error in the decision occasioning failure of justice in not considering that the..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....to enlarge him on bail when it is non-bailable offences. Court can exercise its discretionary power upon proper application of judicial mind and this exercise should not be arbitrary lest the ends of justice may be defeated. Police have statutory right to arrest any person who appears to t......h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......3. Result: This petition is disposed of with observations. Discretionary power of the High Court Neither the accused has any right to claim bail nor the Court has uncontrolled power to enlarge him on bail when it is non-bailable of......on for anticipatory bail and follow the guidelines given by this Division. Law declared by this Division is binding upon it and the learned Judges are oath bound to follow the statements of law declared by this Division. If the learned Judges do not follow their constitutional obligation, ..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
....granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476. ......granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476. ...... SM Emdadul Hoque J. — On an application of the petitioner Monowara Begum under section 115 (1) of the Code of Civil Procedure, the Rule was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the impunged judgment and decree dated 24-5-1997, passed by the learned sub-......ati for declaration that the decree passed in Title Suit No. 351 of 1975 is illegal, void and for further declaration that the vested property proceeding in respect of the suit land is legal and lawful. 3. The further case of the plaintiffs, in short, are that the recorded tenant of t..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ......eed to assess or determine, by an order in writing, the total income of the assessee or the tax payable by him, as the case may be, and all this provisions of Ordinance shall, so far as may be, apply accordingly: Provided that the tax shall be charged at the rate or rates applicable to the assess......ivision (Special Original Jurisdiction) Present: AFM Abdur Rahman J Mohammad Ullah J Moulana Development Co. Limited, 980/Access road, Agrabad Chittagong represented its Managing Director Muhammad Abdul Quader Zilany…....Petitioner Vs. 1. National Board of Revenue, NBR Buildi......-২৩/১১ তারিখ 15.7.2012 (Annexure-D) isued by the Deputy Commissioner of Taxes Circle-23 (Companies) Taxes Zone-2, Chittagong respondent No. 3 should not be declared illegal without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
.... will be proved by the witnesses at the time of trial and, as such, quashing the proceeding by the High Court Division has caused serious prejudice to the complainant-appellant occasioning failure of justice. He then submits that the complainant-appellant filed the instant complaint case under ......e. 3. The learned Chief Metropolitan Magistrate, Dhaka on 9-9-2004 examined the complainant-appellant on oath under section 200 of the Code of Criminal Procedure, took cognizance of the case and accordingly, issued warrant of arrest against the accused-respondent under section 138 of the N......estions of Facts Whether notice was duly served or not upon the accused-respondent at its correct address or upon its authorized agent or upon himself, all these are questions of facts which are to be ascertained at the time of trial by the trial Court by appreciating evidence adduced by the pa......h the document would be delivered in the ordinary course of post if that is done by properly addressing, pre-paying and posting by registered post. Reasons behind this presumption as embodied in law, are not opaque or absent to conceive...... (16) The purpose of the object of issuing notic..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......r of the Commissioner of Taxes (Appeal), the Assessee-applicant further preferred an unsuccessful appeal before the Taxes Appellate Tribunal and preferred the instant Income Tax Reference Application accordingly formulating the following questions, seeking opinion from this court; 1) Whether on t......oner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......y argued that the DCT concern was liable under section 178 of the Income Tax Ordinance 1984 to serve the order of re-assessment upon principal officer of the Assessee-applicant company as mandated by law, but no such copy of the order was served upon the Assessee-applicant nor on its principal offic..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ......roceed against his body for realization of the decreetal amount. 5. The body of a human being is the most valuable thing in his life. Even the Artha Rin Adalat Ain, 2003 has recognized that and, accordingly, made provisions under sub-section (9) of section 34 requiring at least one at...... DLR (HCD) (2014) 207 ......he Adalat proceeded against the petitioner before exhausting all the processes against the main borrower, the impugned orders of arrest as well as the refusal of bail should not sustain in the eye of law……………(6) Lawyers Involved: Helal Uddin Mollah, Advoc..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....circumstance of the case and law bearing on the subject most illegally disbelieved the execution of the registered deed of gift dated 30-6-2004 (Exhibit A) and the same has occasioned failure of justice. He next upon placing Exhibit B, hand writing expert's opinion submits that DW-2, hand w......w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ......rties Judgment May 22, 2013. Result: The Rule is discharged. Expert’s Opinion-expert's opinion is not Conclusive Evidence Conclusive evidence enables the Court to come to a satisfactory conclusion which Expert’s Opinion does not. Thus Expert’s......rsquo;s Opinion is not binding upon the Court. The Court itself can compare any signature or LTI of any concerned person under section 73 of the Evidence Act and come to a decision in accordance with law. In this case the trial Court as well as the Court of appeal below considered the entire ev..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....to from when the defendants were inducted into possession of the suit land is the subject matter of the amendment, so if the suit is remanded back that will serve the purpose of the ends of justice. Since I have taken the decision to sent the suit back on remand upon setting aside the......ed his younger brother Ator Ali to live on the suit land during his life time. Fazlar Rahman also asked his sons and daughter not to disturb Ator Ali to live on the suit land during his life time and accordingly though the defendants were trying to grab the suit land in this or that way but heirs of...... May 21, 2013. Result: The Rule Is Made Absolute. Eviction of Defendants- In a suit for eviction of the defendants from a particular land it is always important for the plaintiffs to disclose as to from when the defendants were inducted into possession in to the suit land Am......pellate Court below without giving any reasons whatsoever found the title of the plaintiffs into the suit land and this sort of findings of the appellate Court below is against the provisions of law. He submits that Order XLI Rule 31 CPC provides that the appellate Court must record reason..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....y the said retention money of the petitioner without assigning any reason. Having failed to get back the said retention money from the respondents on 18-3-2011, the petitioner sent a notice demanding justice to the respondent No. 2 through his lawyer, praying for said retention/security for the pack...... to evict some illegal occupants from the site. For the reason of evict of illegal occupants and enhancing the market value of the construction materials, petitioner prayed for extension of time, and accordingly the time was extended up to 30-6-2010. Further to that on 5-5-2011, the petitioner appli......admitted bill of the petitioner cannot be termed or being based on sporadic or casual or random acts of the respondents, or as an unreasonable or illogical or invalid expectation. Cases Referred to- Novva Ads Vs. Department of Municipal Administration, (2008) 8 SCC 42; AKM Kawsar Ahme...... without assigning any reason. Having failed to get back the said retention money from the respondents on 18-3-2011, the petitioner sent a notice demanding justice to the respondent No. 2 through his lawyer, praying for said retention/security for the packages, which was duly received by him on 18-3..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....tained in section 10 of the Ain are merely directory the court ought to have allowed the petitioners further time to file written statements and withdraw the case from ex-parte list to secure ands of justice and that in not doing so the court acted mala fide and intentionally narrowed its juris......te. It is also contended that the present writ petitions are not maintainable in law as there is alternative efficacious remedy under section 41 of the Artha Rin Adalat Ain, 2003. The petitioners are accordingly contended to be guilty of laches and the prayer is resultantly for discharging the Rules......t Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications against the ex-parte judgments and decree of the Adalat similar to the provisions contained in section 19(2) of the Ain. While the appeal provisions of section 41 c...... Nos. 9435 & 9436 of 2012 Judgment Mahmudul Hoque J.- These two Writ Petitions are taken up for joint consideration and for disposal as the parties are same and involve common issues of law as shall need to be addressed in these Rules Nisi. 2. In Writ Petition No. 9435 of 2012 the..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
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