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Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ......e supremacy and the value of their solemn Constitution. They must now take the responsibility to protect their own Constitution; They can and they shall now. 22. It should be remembered that the principle of Rule of Law is well established for the last few hundred years, recognised for the firs......or Advocate, instructed by Md. Taufique Hossain, Advocate-on-Record—For the Respondent Nos.1, 2 and 4. Not represented—For the Respondent Nos. 3, 5-6 and 8-9. Civil Petition for Leave to Appeal No.1816 of 2010. (From the judgment and order dated 13-11-2008 passed by th......nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......d withdrawal of the same on 10.09.2007 the impugned act of the respondents in accepting the said resignation on 22.07.2008 almost 10 (ten) months after it’s withdrawal is against the established principle of law. In this connection drawing attention to Annexure-J series Mr. Akhter Imam further......the Ministry of Education (Annexure-A series). The post of the petitioner was subsequently made permanent vide notification dated 04.11.2003 (Annexure-B). Because of various achievements especially for having academic qualification, professional experience, knowledge about computer and experienc...... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ...... 2. The facts leading to the issuance of this Rule, in brief, is that on 17-06-2002 one Kazi Samsul Islam, Inspector (Task Force-1) Bureau of Anti-Corruption, Bangladesh, Dhaka had lodged a First Information Report (FIR) with Motijheel Police Station alleging, inter alia, that in the course of enq......hy;er application of mind and upon assessment of the materials on record and that there was no illegality in according the sanction. He, therefore, prayed for discharging the Rule. 7. Points for determination is, in this case, whether the impugned proceeding amounts to an abuse of the process o..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
....authorized, is maintained.
No order as to costs.
This Case is also Reported in:
......ing justice in its proper spirit.
20. This judicial power of review is now exercised all over the globe and expressly accepted by all including in Bangladesh.
Next, I shall consider how the principle of legitimate expectation came into being.
21. Generally speaking, without any legal ...... people of Bangladesh.
6. Article 11 within Part II of the Constitution stipulates that the Republic of Bangladesh shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person, shall be guaranteed. These are not mere empty flowery...... High Court at Dhaka and continued in force before the commencement of these rules, shall, until repealed, continue in force, with necessary modifications, and shall apply in all cases of hearing and determination of the appeals and petitions before the High Court Division of the Supreme Court.
..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ...... Adalat, Sherpur decreeing the suit in part. 2. The appellant as plaintiff instituted Artha Rin Case No.14 of 1996 impleading the respondent as defendant for realization of Tk. 1,53,412/- as the principle amount along with interest and other charges. 3. The plaintiff in his plaint stated i......assed by the Subordinate Judge, Artha Rin Adalat, Sherpur decreeing the suit in part. 2. The appellant as plaintiff instituted Artha Rin Case No.14 of 1996 impleading the respondent as defendant for realization of Tk. 1,53,412/- as the principle amount along with interest and other charges. ......aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......hat Judges must dispense justice in accorÂdance with law only. But in the case in our hand we find that the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal has forgotten the estabÂlished principle of law in respect of granting bail and rejecting the application for bail. She has violatÂ......tion 11(Ga)/ 30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (amended 2003), now pending in the Court of learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Brahmanbaria, rejecting the application for bail of the accused appellant. 2. The fact relevant for disposal of the appeal, in short, i......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447...Category: Women and Children | Date: 2 May, 2011 | Hits: 171
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
....levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460.......the outcome of the immoral act of the P.W.1 and convict-Nazmul Islam, no doubt it is a social crime and morally and ethiÂcally we can't appreciate or indulge such kind of immoral act. But, it is the principle of Criminal jurisprudence that an accused should be dealt in accordance with law and befor......an Daman Tribunal No.2, Chandpur, in Nari-o-Shishu Case No.85 of 2003 convicting him under section 9(1)/13 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sentencing to suffer rigorous imprisonment for life and to pay a fine of Taka 5,000, in default, to suffer rigorous imprisonÂment for 6 (six) ......levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460...Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)
....any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ......962 in accepting the total income declared by the assessee company. 8. He referred to section 82C (5) and submits that the case of the applicant falls under the said provision and hence the principle enunciated in 12 MLR is not applicable in the instant case. 9. We have heard the lear.......................................Respondent Judgment March 21, 2011. Case Referred to- Desh Petroleum Service Co. Ltd Vs. Commissioner of Taxes, Zones-5, 12 MLR 48. Lawyers Informed: Rafique-ul-Huq, Senior Advocate with Ms Nazmus Saliheen, Advocates —For the appli......any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ..Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......arch 20, 2011. Lawyers Involved: Abdur Razzaq, Senior Advocate instructed by Mrs. Mahmuda Begum, Advocate on Record-For the Petitioners Not represented-the Respondents Civil Petition for Leave to Appeal No.1450 of 2009. (From the judgment and order dated 12.05.2009 passed by the H......that Biadhan Bia sold out 6½ decimals of land of this plot No.2687 to Bazler Rahman by registered kabala which was executed on 25.11.1951 and registered on 10.12.1951. So the sole question arose for determination in this suit was which of these 2 kabalas of the contesting parties was valid. 9. Th..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
.... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ......nk (Employees) Service Regulations, 1981 by specific reference incorporates Act No. XII of 1974 so far retirement and re-employment after retirement of employees are concerned as such, in view of the principle of "legislation by reference" subsequent amendments made in the referred statute......from Bangladesh Muktijoddha Sangshad on 4-2-2001 as well as from the Ministry of Liberation War Affairs on 12-6-2003 as recognition of his contribution in the war of liberation 1971. The petitioner before going on LPR lastly served as an Assistant General Manager, Narayangonj Branch, Pubali Bank Ltd......e entitled to serve upto 59 years of his age. However, on 31-12-2009 the Deputy Secretary, Ministry of Establishment issued a circular bearing (Bangla) dated 31-12-2009 fixing guidelines towards determination of the actual freedom fighter and also to provide the benefit of 2 (two) years service..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
.... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ......h the Courts found that the auction was held by practicing fraud upon the Court so the said concurrent finding of facts canÂnot be interfered with in revisional application. 10. It is well settle principle that the limitation is immaterial when any order obtained by practicing fraud upon Court. ......llaneous Appeal No.11 of 1994 affirming those dated 16-3-1994 passed by the Assistant Judge, in-charge, Singair, Manikganj in Miscellaneous Case No.55 of 1984 should not be set aside. 2. The facts for disposal of the Rule, in short, are that opposite party No.1 as petitioner filed Miscellaneous C...... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ...... and therefore, a Rule Nisi should be issued. 31. In reply to the submissions made by the learned Advocates for the petitioner, the learned Attorney General submits that it is a long established principle of law that there can be no estoppels or waiver against any statutory provisions and as su......Rahimafrooz Batteries and others, 7 BLC (AD) 73. Lawyers Involved: Dr. Kamal Hossain with Mahmudul Islam, Rokanuddin Mahmud, Kamal-ul-Alam, Sara Hossain and Tamim Hossain Shawn, Advocates - for the Petitioners. Mahbubay Alam, Attorney General, with M.K. Rahman, Additional Attorney Gen......er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
....ation thereof, we do not find any merit in these two leave petitions.
Accordingly, these leave petitions are dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 86.
......ion of enforcing the arbitration agreement. The right to institute a suit in some Court is conferred, on a person having a grievance of a civil nature, und6r the general law. It is a fundamental principle of law that where there is a right there is a remedy. Section 9 of the Code of Civil Proce......ructed by AKM Shahidul Huq, Advocate-on-Record—For the Respondent No.1 (In both the petitions)
None Represented—For the Respondent Nos.2-6 (In both the petitions)
Civil Petition for Leave to Appeal Nos.1602 and 1603 of 2010.
(Arising out of the same judgment and order date......ation thereof, we do not find any merit in these two leave petitions.
Accordingly, these leave petitions are dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 86.
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Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
Abu Hanifa (Md.) Vs. Md. Shafiul Bashar and others, 2011, 40 CLC (AD)
....dgment and order dated 1-11-2003 passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 is hereby affirmed. Ed. This Caseis also Reported in: 65 DLR (AD) (2013) 243. ......read with Rule 8(2) of the Muslim Marriages and Divorces(Registration) Rules, 1975 notice is required to be served upon the Nikah Registrar before cancellation of licence and it is also a fundamental principle of natural justice that no action shall be taken against any person without giving him any......nd Divorces (Registration) Rules, 1975; Rule 8(2) No action should be taken against a person without giving him any opportunity of being heard. When any person is given the temporary licence to perform the responsibilities of a Nikah Registrar, he will be entitled to have a licence of a Nikah Reg......dgment and order dated 1-11-2003 passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 is hereby affirmed. Ed. This Caseis also Reported in: 65 DLR (AD) (2013) 243. ..Category: Civil Law | Date: 15 Feb, 2011 | Hits: 8
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ......nt to note that High Court Division cannot decide the disputed question of title to the suit land; rather the same should have been decided by the competent Civil Court of law. 34. It is a settled principle of law that the proceeding under article 102(2) of the Constitution is a summary one and i......o constitute a committee to rehear Appeal Case Nos.31335 of 2001, 31336 of 2001 and 41105 of 2001 and the notice dated 14.7.2002 issued by respondent No.3 contained in annexure-H to the writ petition for rehearing of above 3 cases on 24.07.2002 should not be declared to have been passed without lawf......of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....e trial Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 137. ......al Procedure. Evidently the complaint petition was filed well within the stipÂulated period by making out a prima-facie case to proceed under section 138 of the Negotiable Instruments Act, 1881. The principle for quashing a criminal proceeding is formulated in the case of Sher Ali Vs. State reporte...... or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order, all furÂther proceedings of the above Sessions Case were also stayed. 3. The relevant facts for disposal of the Rule are that the added opposite-party No.2 Mohammad Kamal Uddin Chowdhury lodge......e trial Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 137. ..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Aslam Khan Vs. Artha Rin Adalat, Moulvibazar and another, 2011, 40 CLC (HCD)
.... to the Manager, Sonali Bank Ltd., Bhairabganj Bazar Branch, Moulvibazar and also to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......ree, was issued calling in question order dated 15.4.2010 passed by the Artha Rin Adalat, Moulvibazar rejecting the petitioner’s application for exemption of interest on deposition of the remaining principle amount of loan in Artha Rin Execution Case No. 29 of 2003 (arising out of Artha Rin Suit N...... at the instance of a judgment debtor in an Artha Rin Decree, was issued calling in question order dated 15.4.2010 passed by the Artha Rin Adalat, Moulvibazar rejecting the petitioner’s application for exemption of interest on deposition of the remaining principle amount of loan in Artha Rin Execu...... to the Manager, Sonali Bank Ltd., Bhairabganj Bazar Branch, Moulvibazar and also to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 217
Md. Nasurullah alias Nasu Vs. Artha Rin Adalat No. 4, Dhaka and others, 2011, 40 CLC (HCD)
....perty. Lat a copy of the judgment be communicated to the concerned executing Court for future guidance as well. Nazmun Ara Sultana J.- I agree Ed. This Case is also Reported in: ......he may get back his property. Such an illegal order of the executing Court would not create any right for redemption of the mortgaged property in favour of the judgment debtor. This is a well settled principle of law that after confirmation of sale of any mortgaged property in due process of law, th......cree, was issued calling in question the proceedings in Execution Case No.727 of 2005 of Artha Rin Adalat No. 4, Dhaka and the legality of order dated 7.8.2007 passed therein rejecting an application for release of the auctioned property on payment of the decretal money. 2. Facts leading to thi......perty. Lat a copy of the judgment be communicated to the concerned executing Court for future guidance as well. Nazmun Ara Sultana J.- I agree Ed. This Case is also Reported in: ..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175
Shamsunnur Rahman Vs. State, 2011, 40 CLC (HCD)
.... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895.......dure irrespective of the fact whether she offers to produce defence or not. The examination must precede the stage when the accused is required to adduce defence evidence. The section is based on the principle involved in the maxim "audi alteram paterm" namely that no one should be condemned unheard...... Md. Ziaul Karim J. - By this appeal under section 28 of the Act, 2000 the appellant seeks to set aside the order dated 13-10-2010 passed in Nari-o-Shishu case No. 86 of 2007, keeping the application for issuing summons to the charge sheeted witness with the record. 2. Facts, in brief, are that, ...... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895...Category: Women and Children | Date: 31 Jan, 2011 | Hits: 127
Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)
....e may be, which have been deposited by them in favour of the decree holder-bank after issuance of the certificate. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: .......2009 and subsequently the mortgaged property was sold to respondent Nos.3-5. The mortgage decree passed by the Artha Rin Adalat attained in finality with issuance of the certificate. It is a settled principle of law that after attainment of a mortgage decree in finality, the mortgagor-judgment debt......erty. 2. Facts leading to this writ petition, in short, are that Islami Bank Bangladesh Ltd., Khulna Branch as plaintiff instituted Artha Rin Suit No.10 of 2004 in the Artha Rin Adalat, Faridpur for recovery of loan amounting to Taka 4,01,55,468.00 (four crore one lac fifty-five thousand four h......e may be, which have been deposited by them in favour of the decree holder-bank after issuance of the certificate. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
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