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Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ......2. Judgment Md. Ashfaqul Islam J. — Both the Writ petitions are taken up together for hearing and disposed of by a single judgment as there involved a common question of fact and law. 2. In both the petitions the Rule Nisi was issued almost in a common manner. In writ petit..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
.... dated 21-6-2005, EXP No. 2292 dated 10-6-2005 being covered under Letter of Credit No. 1945-05-01-0272 dated 9-6-2005. Accordingly, the appellant was found liable for punishment for violation of the provisions under sections 16 and 32 of the Customs Act, 1969 and section 3(1) of the Import and Expo......iff, Senior Advocates as Amicus Curiae. AMAminuddin, Advocate, as Intervenes. Customs Appeal No.17 of 2008. Judgment Sheikh Hassan Arif J.— Since the core principles of law raised and to be settled in the aforesaid customs appeals are similar, namely the maintaina..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ......instance the Rule Nisi was issued calling upon the respondent No.2, Governor Bangladesh Bank, Bangladesh Bank Bhaban, Dhaka to show cause as to why it should not be directed to do what is required by law and pass necessary orders upon the respondent Nos.3-7 under section 45 of the Bank Companies Act..Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
....d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ......ha Rin Execution Case No.34 of 1993 passed by Artha Rin Adalat, 2nd Court, Khulna being Order No.1 dated 28-7-1993 (Annexure-D to the Writ Petition) should not be declared to have been passed without lawful authority and is of no legal effect. 2. Shorts facts, relevant for the disposal of the r..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
....hirty) lakhs and the other one for Taka 50 (fifty) lacs. The said two cheques were placed before the bank by the petitioner but those were bounced. Therefore, the petitioner took recourse to the provision of Negotiable Instruments Act upon bringing two CR Cases before the Court concerned which ......in suspended but in the event of any unnecessary delay if caused by the opposite-party No. 1 the learned Joint District Judge shall be at liberty to proceed with the Execution case in accordance with law.
9. Since the aforesaid direction has been made at the instance of the petitioner Ranju Cha..
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)
....e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......, in short, are that the complainant lodged a petition of complaint alleging that on 7th Magh, 1392 BS corresponding to 21.01.1986 at about 2.00 P.M. the present appellants and others forming an unlawful assembly entered into the dwelling hut of the complainant which is a vested property and whe..Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8
Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
....ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......er notification vide a memo No.মুজেপ 0011/06/12/92 dated 7-5-2012 as per Annexure-'D' to this writ petition seeking further declaration that the said Annexure-D is without lawful authority and is of no legal effect and as to why the respondents should not be restrained by..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....f the Santrash Birodhi Ain, 2009 was started against the accused. 4. The police after completing investigation into the case submitted charge-sheet against the accused-petitioner under the above provisions of law. 5. The case being ready for trial the case record was sent to the Metropolit......ty for Keeping peace in Baitul Aman Jam-E-Mosque at Road No. 7 Dhanmondi residential area they saw that when the pious Muslims (Musallies) were coming out from the Mosque some 10/12 persons made an unlawful assembly on the road carrying a banner of the banned organization namely 'Hijbul Tahrir&#..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ...... (5) of the Emergency Power Rules, 2007 read with section 109 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Chittagong should not be declared to have been made without lawful authority and is of no legal effect. 2. Mr. HS Deb Brahman, the learned Advocate appeari..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
Maku Rabi Das Vs. State, 2013, 42 CLC (AD)
.... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ......e of justice. 13. Now let us delve into the merits of the case. 14. On perusal of the evidence it has become clear to us that the occurrence of murder of Nainka Rabi Das, father-in-law of P.W.2 is not disputed. It is also evident that incriminating article like dao mat. ext.I w..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....absolute. 5. Mr. Taposh further submits that in the instant case admittedly, sanction has been accorded by one of the member named Md. Habibur Rahman which also stands against the mandatory provision laid down in section 32(1) and (2) of the Anti-Corruption Commission Act, 2004 because the......Act, 2004 because the very sanctioning power for prosecution has been given by the legislature to the Commission, not any member of the Commission as such sanction for prosecution as required by law has not been duly complied with. Emphasising much importance on this argument supported by..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
....eferred a decision reported in 1986 BLD (AD) 224 and another two decisions reported in 47 DLR 556 and 1 BLC (AD) 156. 13. Having regard to the above mentioned decisions I do admit that under the provisions laid down in section 116 of the Evidence Act by the principle of estoppel in an appropria......nsideration of material facts resulting in an error in the decision occasioning failure of justice by which it can be held that the impugned judgment and order is perverse and not sustainable in law. The learned Advocate further submits that the plaintiff despite was not the owner of the suit p..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....he decision or action of the authority will not be interfered with unless it is shown to have resulted in failure of justice. There cannot be any legitimate expectation ignoring a mandatory provision of law requiring permission to be obtained. (viii) Clear words in the statue or in th...... Judgment March 6, 2013. Result: The appeal is dismissed. Legitimate expectation The root of the principle of legitimate expectation is constitutional principle of rule of law which requires regularity, predictability and certainty in Government's dealing with the pub..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....fore the trial Judge wherein the condemned-prisoner pleaded guilty to the two murders. The order of the trial Court dated 21-5-1995 confirms this to be so. But the trial Court instead of applying the provision of section 265 (E) of the Code of Criminal Procedure proceeded to hold the trial as t......igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
....2011 the petitioner moved this Division and obtained the present Rule.
4. Mr. Lokman Karim, the learned Advocate appearing on behalf of the petitioner submits that misquoting or wrong quoting of provision of law in cause title by itself is no ground for refusal to grant relief if it is otherwis......pugned order No.11 dated 20-1-2011 passed by the learned Judge of the Artha Rin Adalat No.1, Chittagong in Artha Rin Execution Case No. 69 of 2010 should not be declared to have been made without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to..
Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
.... is no specification of the weapons and it was stated in the Tender that ammunitions will be provided as per Republic of Korean Navy similar type of the frigate. The accused persons also violated the provision of the General Financial Rules, Volume-1, Chapter-II of the Act-IV, contract general princ......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Badsha Mia Vs. State, 2013, 42 CLC (HCD)
....e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ......ten accused-persons misappropriated those CI sheets on using the same in their homestead. Later on upazila project implementation officer after scrutiny informed that 26 pieces of CI sheets were lawfully allots in the name of accused Siraj Sikder. But 16 pieces CI sheets were recovered fro..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
.... to be simultaneously performed, no promisee need perform his promise unless the promisor is ready and willing to perform his reciprocal promise. While section 52 of the said Act makes provision for contracts in which order reciprocal promises are to be performed is expressly fix......tion unilaterally rescinded the agreement for sale on 1st November, 2002, which was made before the expiry of the period of six months-the period of six month would expire on 2nd November as per law since the agreement was executed on 2nd May, 2002. Though there is stipulation for the adjustmen..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)
....acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ......s no scope for cancellation of the tender process. In other words, Clause 2.2 pre-supposes that upon expiry of 30 days, the tender could not be cancelled but should be awarded in accordance with law. In failing to take any decision within the stipulated period as provided under clause 2.2 of th..Category: Others | Date: 14 Feb, 2013 | Hits: 10
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ......at all reversed by the Appellate Court below and the possession inasmuch as, in favour of the plaintiffs as observed by the Trial Court is unrebutted, the impugned judgment is not sustainable in law. The learned Counsels further submit that the possession follows the title and non payment of re..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
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