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....made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
......made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
......ved:
Md. Khurshid Alam Khan, Advocate, instructed by Md. Zahirul Islam Advocate-on-Record—For the Petitioner.
None Represented—For the Respondents.
Civil Petition for Leave to Appeal No.186 of 2011.
(From the judgment and order dated 6-1-2011 passed by the High Court ......stant civil petition for leave to appeal.
6. Mr. Md. Khurshid Alam Khan, learned Advocate, appearing on behalf of the leave petitioner, submits that the High Court Division committed an error of law in rejecting summarily the writ petition filed by the petitioner although the petitioner is..
Category: Election Law | Date: 7 May, 2013 | Hits: 6
....cordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ......11-8-2011 passed by the High Court Division is set-aside.
The grounds shown for the condonation of delay being satisfactory are
accepted. Hence the delay is condoned.
The leave petition is accordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hear...............Respondents
Judgment
May 6, 2013.
Result:
The leave petition is disposed of.
Can the High Court Division finally adjudicate any case without
giving chance to adduce evidence when there is a charge of submitting false papers
against the plaintiff?
...... the plaintiff afresh with effect from the date of dismissal on
12-6-1999upon observation that the dismissal order is absolutely illegal
because the opposite party did not follow the provision of law without
obtaining prior permission from the arbitration committee.
8. The peti..
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
....ted to its original file and number the appellant-petitioners will suffer irreparable loss and injury and also to be non-suited against his right to the property and will deprive from the substantive justice. Therefore, he simply prayed for re-admission of the instant appeal. In support of his conte......uction of his client Mr PC Guha, the learned Advocate apprised the Court that he has instruction from his client Moklesuddin Ahmed by a letter dated 22-01-2013 not to proceed with the appeal and accordingly the same was dismissed for non-prosecution. Mr Guha in support of his contention in the .................Appellants Vs. Rezia Khatun and others... ..........................Opposite Parties Judgment May 5, 2013. Result: The Appeal is dismissed Cases Referred to- Shabitribala Vs. Rohinikanta Mondal 4 DLR 11 and AIR 1965 (Madhya Pradesh) 21. Lawyers...... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
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. ......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. ......s) Vs. Bangladesh Bank and others..................Respondents (In both the petitions) Judgment May 22, 2013. Result: Both the Rules are disposed of. Cases Referred to- Professor Md. Yumus Vs. Bangladesh 63 DLR 260; ASF Rahman Vs. Bangladesh Bank 20 BLD (AD) 3......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)
.... that Court or superior Court is to be deemed to posses, as inherent in its jurisdiction, all such powers as are necessary to the right and undo the wrong in the course of administration of justice on the principle that when a law gives a person anything it gives that without which it cann......isions, of this Court in Customs Appeal No. 37 of 2007 in which one of us was party. It appears from the said decision that the issue of maintainability of the very appeal was not raised therein and, accordingly, this Court did not also go into the said issue. Thus, the said decision cannot be ......lip;………………Appellant Vs. National Board of Revenue and others................Respondents Judgment April 25, 2013. Result: The Customs Appeal is allowed. Cases Referred to- Mohammed Zulfiqar Vs. Abul Kalam, 42 DLR (AD) 8......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)
....ies Act clearly invest Bangladesh Bank with a strong regulatory power over the functioning and business of banking companies. 6. That being the position we are of the view that the ends of justice would be best served if a direction has been given upon the respondent No.2, Bangladesh Bank......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. ......13. Result: The Rule is made absolute. Section 45(1) (Ga) (Gha) and Section 49(Kha) of the Bank Companies Act clearly invest Bangladesh Bank with a strong regulatory power over the functioning and business of banking companies. Under Bank companies Act, 19......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. ......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. ............Petitioner Vs. Artha Rin Adalat Khulna and another................Respondents Judgment April 21, 2013 Result: The Rule is made absolute. Cases Referred to- Supreme Court of Bangladesh Vs. Md. Sufi Uddin, 6 BLC (AD) 241; Bangladesh House Building F......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
....ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 117
......endency of the said execution case the opposite-party No. 1 filed application under Order XXI, rule 58 of the Code of Civil Procedure claiming itself to be a donee of the land in question, since according to him the land in question was gifted in favour of the deity, and the opposite-party No. ......o. 28 of 2011 initiated in connection with the self same execution case under Order XXI, rule 58 of the Code of Civil Procedure, at the instance of the 3rd party.
3. Facts giving rise to this rule in a nutshell are that the opposite-party No. 2 offered to sell her only property throu......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. ......on of the evidence of the witnesses and other materials on record was pleased to find the petitioners and 6(six) others guilty of the offence under section 147 of the Penal Code and convicted them accordingly sentencing each of them to suffer rigorous imprisonment for 30(thirty) days only by his............................Appellants Vs. Billal Hossain and another ...............Respondents Judgment April 16, 2013. Result: The appeal is allowed. Cases Referred to- Nurul Huda Vs. Baharuddin and others 41 DLR 395; 37 DLR 18; 37 DLR 18. Lawyers Involv......, 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 ......tion in respect of the said Riverport and upon declaration of Maowa Ferry Ghat as Maowa Riverport all authorities of the above port vested upon the Conservator and the said Conservator is BIWTA, accordingly, the BIWTA being the Conservator of the riverport, is the only lawful authority while th......Rule is discharged. Lawyers Involved: SM Rezaul Karim with Sheikh Fazle Noor Taposh with Abdur Razzak with Afia Begum, Advocates—For the Petitioners. Abdus Salam Mondol, Deputy Attorney-General with Bahauddin Ahmed Assistant Attorney-General—For the Respondent Nos.1—......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)
....etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ......ection 5 of the Prevention of Corruption Act, 1947. On Appeal to the Judicial Commission of Bhopal the conviction and sentence of Tripathi was set-aside. The Judicial Commission held that no sanction according to law had been given for prosecution of the accused and the Special Judge had no jurisdic......)...................Petitioner Vs. State.......................................Opposite-Party Judgment April 4, 2013 Result: The Rule is disposed of. Cases Referred to- Sayed Ahmed Vs. the State, 10 DLR (SC) 12; State of Goa Vs. Babu Thomas, (2005) 8 SCC 130; ......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)
....ivision feels to exercise its writ jurisdiction there must have been good and sufficient reason to by-pass the alternative remedy provided by the statute. The writ jurisdiction is mean for doing justice where it cannot be done in any other forum. This Court repeated occasions argued that Articl......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 .............Respondents Judgment April 4, 2013. Result: The Rule is discharged. Cases Referred to- Anti-Corruption Commission Vs. Md Enayetur Rahman, 8 LG (2011) AD 153 = 64 DLR (AD) 14. ...... (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)
....s in whose presence the alleged dao/wearing cloths were seized has made the entire prosecution case unworthy to believe and non-consideration of above vital facts has caused serious miscarriage of justice. 13. Now let us delve into the merits of the case. 14. On perusal of the ev......absolutely justified as all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused. In view of the matter we find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. ...... Judgment April 3, 2013. Result: The appeal is dismissed. Lawyers Involved: Md. Helal Uddin Mollah, Advocate-For the Petitioner. Momtaz Uddin Fakir, Additional-Attorney-General-For the Respondent. Jail Appeal No.3 of 2007. (From the judgment and order......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)
....uations that is to say where vires of a statute is in question or where the determination is malafide or where any action is taken by the executives in contravention of the principles of natural justice or where the fundamental right of a citizen has been affected by an act or where the st......ing been authorized by the Commission investigated the case and recommended to stand trial of the accused-petitioner for committing the offence mentioned in the police report with a further prayer of according sanction as required under section 32 of the Anti-Corruption Commission Act, 2004 read wit...... Anti-Corruption Commission and others……………Respondents Judgment March 14, 2013. Result: The Rules are discharged. Cases Referred to- Anti-Corruption Commission Vs. Sheikh Hasina Wazed, 60 DLR (AD) 172; Anti-Corruption Commis......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)
....revisional Court in passing the impugned judgment and order committed no illegality or irregularity or non-consideration 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 sustai......dant foundation for a period of 5(five) years from 1-7-1993 to 30-6-1998 at a monthly rental of Taka 50,000 (fifty thousand) payable in favour of the landlord by the first week of the following month according to English calendar year. According to clause 3 (three) of the said agreement the def......rty-Petitioner Vs. Dr. Ali Asker Qureshi..................Defendant-Petitioner-Opposite Party Judgment March 6, 2013 Result: The order is discharged. Cases Referred to- 1986 BLD (AD) 224; 47 DLR 556; 1 BLC (AD) 156. Lawyers Involved: Abdul Quayum, Ad......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)
....rk to his detriment. The court can interfere only if the decision taken by the authority is found to be arbitrary, unreasonable or in gross abuse of power or in violation of the principles of natural justice and not taken in public interest. (vi) The statement or practice must be shown to be ap......n of the Mayor of DCC and in compliance with the Government Rules, two officers of DCC were required to submit a proposal regarding the salary and allowance of 300 employees within 10 days. They accordingly submitted their report on 11th August, 2008 recommending payment of salary. ...... Legitimate expectation may arise either from an express promise given on behalf of a public authority or from the existence of regular practice which the claimant can reasonably expect to continue. Vide Council of Civil Service Union Vs. Minister for the Civil Service 1985 AC 374&hell...... 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
....ord. 16. Having elaborately discussed the evidence and materials on record and having considered all the facts and circumstances of the case, the High Court Division held that "ends of justice will be better served if the sentence of death upon the condemned-prisoner is reduced to tha......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. ......eal is dismissed. Condemned-prisoner spent about 4 years in the condemned cell, and 13 years have elapsed since the judgment of the High Court Division, which commuted her sentence of death to imprisonment for life....... (17) Lawyers Involved: Momtazuddin Fakir......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
....d may be made in the case of Sarder Jan-e-Alam Vs. Arab Bangladesh Bank Ltd. reported in 4 BLC (AD) 178.
11. In view of the above decision, we are of the view that it will be just and proper and justice will be done if the petitioner is given an opportunity to agitate her grievance before ......bserving that the petition was not in form and the judgment-debtor should have been filed an application under Order XXI, rule 90 of the Code of Civil Procedure for setting-aside the auction and accordingly rejected the application filed by the petitioner by order dated 20-1-2011.
3. Being......d of Material Irregularity—
The decree-holder got the plot numbers of the property correct which was sold in execution of the decree after the confirmation of the sale which is enough to bring the matter within the mischief of Order XXI, Rule 90 of the Code for setting-aside auc......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)
....de of Criminal Procedure can be invoked at any stage of the proceeding even at an initial stage, if it is necessary to prevent the abuse of the process of the court or otherwise to secure the ends of justice. The inherent power of this Court under section 561A of the Code of Criminal Procedure can b......ittee submitted report on 24.07.1997 and approved it on 07.08.1997. Accordingly, the agreement was signed. The Investigating Officer further stated that the frigate was an unproven design even though according to the terms of the tender the frigate must be a proven design. In spite of that condition......llip;………………………………………..Opposite party Judgment February 14, 2013. Cases Referred to- Abdul Quader Chowdhury Vs. The State, 28 DLR (AD) (1976) 38; Ali Akkas Vs. Enayet Hossain a......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)
.... resulted into an abuse of the process of the Court and that the proceedings started against the petitioners are bad in the eye of law and are not based on any legal footings. So for the ends of justice it is liable to be quashed. 7. He cited the decisions in the case of Habibur Rahm......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 ......hellip;……………….Opposite Party Judgment February 20, 2013. Result: The Rule is made absolute. It is abuse of the process of the Court to prevent in exercising the inherent power of this Court conferred under section 561A of the C......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
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