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Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....ed of on terms. Cases Referred to- HV Kamath Vs. Ishaque (1955)1 SCR 1104 (1126); AHM Mustafa Kamal Vs. Bangladesh, 61 DLR (AD) 10; Md. Delwar Hossain Vs. State, 2006 BLD (AD) 109; M/s Gannysons Ltd. Vs. Sonali Bank, 37 DLR (AD) 42; AFM Naziruddin Vs. Hameeda Banu, 45 DLR (AD) 38. Law......urpose of enabling something to be done and prescribes the formalities which are to attend its performance, those prescribed formalities which are essential to the validity of the thing when done are called imperative (or mandatory); but those which are not essential, and may be disregarded without ......n the case of Md. Delwar Hossain Vs. State reported in 2006 BID (AD) 109 this Division considered whether section 20 of the Nari-o-Shishu Nirjatan Daman Ain, 1995 providing for conclusion of the trial within 120 days is directory or mandatory. This Division held that sub-section 2 of secti......b Mian J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Secretary, Bangladesh Bar Council............Petitioner Vs. AFM Faiz and others................Respondents Judgment June 18, 2012. Result: All the c..Category: Others | Date: 18 Jun, 2012 | Hits: 7
Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)
....letter dated 29-4-2001 by the Commission to the effect that it filed the allegation (নথিভূক্ত) against the petitioner as per the recommendation made in the report, there was no reason to proceed with the case for the alleged commission of offence by the petitioner under secti......controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......r section 241A of the Code of Criminal Procedure (the Code) for discharging him from the case. On that very date, the case was transferred to the Court of Divisional Special Judge, Chittagong for trial and disposal. 5. The Divisional Special Judge took cognizance in the case agains......instructed by Zainul Abedin, Advocate-on-Record—For the Petitioner. None represented—For the Respondent. Criminal Petition for Leave to Appeal No.202 of 2009. (From the judgment and order dated the 12th day of March, 2009 passed by the High Court Division in Criminal Miscellan..Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
.... Syed Mahmud Hossain J.- This appeal by leave by the appellants is from the judgment and order dated 10-11-2009 passed by the High Court Division in Civil Revision No. 2910 of 2009 making the Rule absolute setting aside those dated 4-8-2009 passed by the learned Additional District Judge, Second Co......d signature according to the provision of section 73 of the Evidence Act and there was no scope for obtaining opinion of the handwriting expert at the appellate stage and, as such, no interference is called for by this Division. He further submits that the grounds on which leave has been granted had......ne 13, 2012. Result: The appeal is allowed. The civil petition is discharged. An appeal is the continuation of the suit and the appellate Court has similar power like that of the trial Court and the appellate Court in appropriate cases can obtain additional evidence including ta......l) Present: Surendra Kumar Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J AK Azad and another..........................Appellants Vs. Mostafizur Rahman and others............Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
....inst which order he did not file any revision petition and, therefore, the said order had attained into finality. 4. The deed of gift alleged to have been executed by Abdur Rashid, the predecessor of the plaintiff, is a vital document for the determination of real controversy in the suit, in......parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ......ffording him any opportunity of being heard. 2. Respondent No.1 instituted Other Class Suit No.3 of 1999 seeking declaration of title in respect of the suit land. The suit was dismissed by the trial Court. He took an appeal in the lower appellate Court and in the said appeal he filed an appl......Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Sayed Mahmud Hossain J Md. Shamsul Huda J Kabir Ahmed……………………….......Appellant Vs. Korban Ali and others……….........Respondents Judgment June 12, 2012. Result: The appe..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
....ngail acting as Returning Officer received objections and information about disqualification of the petitioner on two counts, namely default in paying bank loan and telephone bills. 3. The first source was a letter dated 30-11-2008 issued by the Sonali Bank Limited, Bango Bhandhu Avenue, Corpor......cate, appearing on behalf of respondent No.1, on the other hand, submits that this Division had already addressed all the issues raised in this petition for review and as such no interference is called for. 26. We have considered the submissions of the learned Advocates, the judgment under......trued strictly and there is no scope for making any of its provisions redundant or meaningless. 33. Article 66(1) of the RPO is quoted below:— "Where, after the conclusion of the trial, it appears that there is an equality of votes between two or more contesting candidates, and ......Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Md. Shamsul Huda J Abul Kashem.... .........................Petitioner Vs. Major General Mahmudul Hasan (Rtd.) and others……......Respondents Judgment June 5, 2012. Result: The..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)
.... proceedings. In the High Court Division, it was urged that the petitioner did not issue any cheque in favour of the complainant and that the latter by threat and coercion with the help of other persons obtained his signatures on five blank cheques over which a criminal case is pending before the ......n have discharged the rule on assigning proper reasons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ......, Chittagong, issued process against the petitioner under section 138 of the Negotiable Instruments Act, 1881. The learned Magistrate thereupon sent the case record before the Court of Sessions for trial after compliance of formalities. On the date of framing charge the petitioner filed an applica......J Md. Shamsul Huda J Md. Mofizur Rahman…………………………………………………….Petitioner Vs. The State, represented by the Deputy Commissioner, Chittagong and another..............................................Respondents Judgment June 4, 2012..Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... Md. Muzammel Hossain CJ.- I have gone through the judgments proposed to be delivered by my brothers, Surendra Kumar Sinha J, Md. Abdul Wahhab Miah J and Muhammad Imman Ali J.- I agree with the reasoning and findings given by Md. Abdul Wahhab Miah J. Surendra Kumar Sinha J.- I have read the ......High Court Division rightly confirmed the order of conviction and sentence passed by the learned Sessions Judge against them finding them guilty under sections 300/34 and, as such, no interference is called for with the impugned judgment and order. In section 32 of the Penal Code, the words, which r...... Ali's pond and gheraoed her when the victim finding no other alternative jumped into the pond. The appellants did not rescue her and as the victim could not swim drowned into the water. The trial Court convicted the appellants under sections 302/34 of the Penal Code and sentenced them to d......ossain CJ Surendra Kumar Sinha J Abdul Wahhab Mian J Naztnun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Mehedi Hasan @ Modern (Md.) and others…….............Appellants Vs. State………&hellip..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....5011300A) (“Contract”) for total value of U$S 300,000 wherein a discount of approximately Tk. 61% was allowed on all subsequent purchase. 3. Upon implementation of the project it appears that some of equipment supplied were not properly and/or fully provisioned with the necessary software in...... that the instant application is not maintainable because of the reason that the subject of arbitration is for the compensation for the alleged loss suffered by the petitioner in not supplying the so-called second supply of the equipments, but admittedly the petitioner did not establish any L/C of t....... By a further supplementary affidavit filed by the respondent No. 2 it has been asserted that the petitioner was duty bound to issue the final acceptance certificate after completion of three months trial run of the supplied equipments. But the petitioner company did not issue the same although the......tion No.28 of 2011. Judgment AFM Abdur Rahman J. - This application, under Section 7(ka) of the Arbitration Act, 2001, filed by the Bangla Phone Limited, against the Huawei Tech Investment Ltd. and another has been contested by the respondent No.2 and now disposed off by this judgment. 2. T..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
....gistrar needs sanction of law to work According to Rule 6 a Nikah Registrar can perform additional responsibilities for a maximum period of 120 days and in the instant case the said period had also been expired long before filing of the writ petition and obtaining Rule. Without being appointed ...... Writ Petition No.7431 of 2010. Judgment Farah Mahbub J.- In this Rule, issued under Article 102 of the Constitution of the People's Republic of Bangladesh, the respondents have been called upon to show cause as to why the impugned Memo No.Bichar-7/2 N-34/83-504 dated 26-7-2010 issu...... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ...... High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Kazi Md. Habib Ullah..................Petitioner Vs. Bangladesh and others..............Respondents Judgments May 30, 2012. Result: The Ru..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....cree in respect of land which is not specified. In a suit for declaration of title and recovery of khas possession the plaintiffs are not only required to prove their title to the suit land and but also to prove that the suit has been filed within twelve years from the date of alleged dispossession...... submits that the plaintiffs have been able to prove their title to the suit land and that they have filed the suit within twelve years from the date of dispossession and, as such, no interference is called for. 10. Leave was granted on the following submissions of the learned Advocate for the appe......iding there. Defendant No.1 was never a borgadar under Hedayet Hussain and others who were never the owners of the suit land. This defendant has acquired good title by adverse possession. 5. The trial Court decreed the suit on contest in part and the plaintiffs' title in respect of 3.09 acre s ......resent: Surendra Kumar Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md.lmman Ali J Md. Shamsul Huda J Hedayetullah and others….......Appellants Vs. Foyjun Nessa Begum and others……………Respondents Judgm..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....ab Miah J. - This appeal, by leave, has arisen out of the judgment and order dated 17-4-2002 passed by a Division Bench of the High Court Division in Civil Revision No. 3512 of 1999 making the Rule absolute. 2. Facts giving rise to this appeal are as follows:— Respondent No.13, Dolly Rani Se......letters of administration in non-contentious cases, within such local limits as it may prescribe. And sub-section (2) has stipulated that Persons so appointed, that is, under sub-section (1) shall be called "District Delegates." For ready reference section 265 is quoted herein below:— "265. (1)......appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ......ab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Bimal Chandra Sen.............................Appellant Vs. Md. Waliullah Chowdhury and others.......R..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... appeals are allowed. Constitution of Bangladesh, 1972 Article 44(1), 102(1), 102(2) Compensation is Special Relief not General— Power of High Court not only be Injunctive but also Remedial— Articles 44(1), 102(1) 102(2) The power of the High Court Division under Art......a clean break from the past unshackling the bondage of a past statehood and adopted a Constitution of its own choosing. The Constitution, historically and in real terms, is a manifestation of what is called "the People's power". The People of Bangladesh, therefore, are central, as oppo...... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ......l Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others…......Appellants Vs. Nurul Amin and anothers..................Respondent..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....াজ্ঞার ডিক্রী দিতে।“ 3. It is the plaint case that Nawab Sir Salimullah was the owner of the suit property along with other property, died, leaving eldest son, Nawab Habibullah Bahadur, who became owner of the suit property by inheritance, made heba-bil-e......ition of property in connection with the administration and development of East Pakistan; 11. It is hereby enacted as follows:— 1. Short title, extent and duration (1) This Act may be called the (Emergency) Requisition of Property Act, 1948. 2. It extends to the whole of Banglad......n compensation money, the suit by person who purchased the land from the real owners can not maintainable. Learned Advocate placed before us the requisition order which was not placed before the trial Judge, on permission of the court through an affidavit. 9. We have considered the submiss......Reported in: 18 BLC (HCD) (2013) 182. ..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... Golam Ambia (Harun)......................Petitioner Vs. Bangladesh and others....................Respondents Judgment May 22, 2012 Result: The Rule is made absolute. Relationship between appellate court and trial court When an appellate court affir......trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379. ......er Vs. Bangladesh and others....................Respondents Judgment May 22, 2012 Result: The Rule is made absolute. Relationship between appellate court and trial court When an appellate court affirms the judgment of the trial court it becomes binding ...... High Court Division (Special Original Jurisdiction) Present: Naima Haider J Farid Ahmed J Golam Ambia (Harun)......................Petitioner Vs. Bangladesh and others....................Respondents Judgment May 22, 2012 Result: T..Category: Others | Date: 22 May, 2012 | Hits: 9
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....tion No. 1750 of 2012. Judgment Farid Ahmed J.— International Crimes (Tribunal) Act, 1973 was promulgated making provision for providing detention, prosecution or punishment of any person, who is a member of any armed or defence or auxiliary forces or who is a prisoner of war, for ge......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ......senior counsel appearing along with Mr. AKM Fakrul Islam, learned advocate, for the petitioner, submits that the impugned amendments have been made for bringing some new persons info the scope of the trial by the International Crimes Tribunal ("ICT") with mala fide intention. He submits th......sion (Special Original Jurisdiction) Present: Farid Ahmed J Sheikh Hassan Arif J Advocate Murshedur Rahman Chowdhury...........Petitioner Vs. Bangadesh and others...... ......................Respondents Judgment May 13, 2012. ..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
....ing plaint was not in accordance with the specifications, and fit for its 2000 bedded hospital. As such, the BSMMU could not accept the washing plant. Subsequently, the parties to the contract also tried to settle the dispute amicably, but the attempt was unsuccessful. Then complaint-Company re......may be stated as follows:—
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, accept...... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
......sion
(Civil Appellate Jurisdiction)
Present:
Khondker Musa Khaled J
SH Md. Nurul Huda J
Maisha Corporation (Pvt.) Ltd..........................Appellant
Vs.
Bangabandhu Sheikh Mujib Medical University (BSMMU) and others…....Respondents
Judgment
M..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)
....l petition for leave to appeal is directed against the judgment and order dated 16.11.2009 passed by a Single Bench of the High Court Division in Civil Revision No.2331 of 2007 making the Rule absolute and reversing the judgment and order dated 13.03.2007 passed by the learned Joint District Ju......l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ......t Judge, Companygonj, Noakhali by his judgment and order dated 28.11.2005 allowed the pre-emption case. 5. Being aggrieved by the aforesaid judgment and order dated 28.11.2005 passed by the trial Court the pre-emptees preferred Miscellaneous Appeal No.6 of 2006 before the learned Dist......ab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Kali Mohan Das...........................................Petitioner Vs. Mossammat Firoza Begum and others ............Respondents Order May 10, 2012. Result: The Leave is gra..Category: Property Law | Date: 10 May, 2012 | Hits: 7
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
.... Kar and others for valuable consideration by a registered deed of sale dated 28th Magh, 1359 BS corresponding to 11-2-1953. Rashid Ali, being the owner in possession of the first schedule land, sold it to the plaintiffs by a registered deed of sale dated 8th Chaitra, 1372 BS corresponding to 2......he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......basis of 3(three) registered deeds of sale in the year 1982 and since then he has been in possession of his portion of the suit property and as such prayed for dismissal of the suit. 4. The trial Court decreed the suit by the judgment and order dated 31-7-1989. 5. Being aggrieved by a......R (AD) (2012) 127. ..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....ip;……… (45) Agreement for lease is void under section 23 of the Contract Act when its object is not lawful and that it having not been registered is unenforceable and also inadmissible in evidence.………(36) Cases Referred to- PK Chakraborty......t compliance with the requirement of law, the decree passed by the trial Court and affirmed by the High Court Division in revision does not suffer from any illegality and, as such, no interference is called for." In the case of Monowara Begum Vs. Atiqullah 4 MLR 240 = 57 DLR 550 it is held that......ng months 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...... (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Dr. Moos Bin Shamsher.....................Defendant-Appellant Vs. Ayub Ali and others..........................Plaintiff-Respondents Judgment May 7, 2012. Resul..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....M Khairul Haquc CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Professor Muhammad Yunus..................Petitioner (In Civil Petition No.640 of 2011) Rahima Begum ......sion taken by the quasi-judicial and administrative authority when making an order affecting ones rights. There is no dispute that whenever justice fails to achieve solemn purpose, natural justice is called in aid of legal justice. Natural justice relieves legal justice from unnecessary technic......ion of Malaya, 1962 (AC) 322, two men were charged in the Supreme Court at Penag with uttering forged lottery tickets. The prosecution failed? Police officers as witnesses gave false evidence in trial. The two accused men including inspector Kanda were acquitted. The commissioner of police......Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Professor Muhammad Yunus..................Petitioner (In Civil Petition No.640 of 2011) Rahima Begum and others......................Petitioners (In Civil Petition No.641 of 2011) Vs. Banglad..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
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