Judgment search - Chancery Law Chronicles

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Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)

....e than that it should take place within a reasonable time. Specific performance of contract of that nature will be granted, although there has been a failure to keep the dates assigned by it, if justice can be cone between the parties, and if nothing in (a) the express stipulations of the ......ormance of the contract in view of the fact that the price of land at Chittagong City where the suit property is situated has substantially increased in the meantime. The decree of the trial Court is accordingly modified and it is directed that the plaintiff shall pay a further sum of Taka 50, 00,00...... Harunur Rashid and others......................Respondents Judgment February 20, 2013. Result: The appeal is dismissed with modification of the judgment. Cases Referred to- Oxford Vs. Provand, LR 2 PC 135; F Edridge Vs. RD Sethna, 60 IA 368; Jamshed Khodaram Irani......tion unilaterally rescinded the agreement for sale on 1st November, 2002, which was made before the expiry of the period of six months-the period of six month would expire on 2nd November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)

.... Chairman of Bangladesh Chemical Industries Corporation on 24-7-2004 to reconsider the matter but to no avail. 3. Finding no other alternative, the writ petitioner served a notice demanding justice upon the writ respondents on 10-8-2004. But no reply was received. Therefore, the writ-petit......schedule, the decision of the authority is to be taken within 30 days from the date of opening of the tender. But no decision was communicated to the writ-petitioner within the stipulated period according to the terms and conditions of the tender schedule, which expired on 15-4-2004. What is im........Petitioner Vs. Bangladesh Chemical Industries Corporation and others………Respondents Judgment February 14, 2013. Result: The petition for leave to appeal is dismissed. Writ jurisdiction in case of contractual right Contractual right i......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)

....uring disposal of the appeal there has been glaring misreading and non-reading of the evidence and non-consideration of the material facts resulting in an error in the decision occasioning failure of justice. The learned Advocates also submits that the findings on possession of the Trial Court not a......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. ......s Vs. Government of Bangladesh..................Defendant-Appellant Opposite party Judgment February 13, 2013. Result: The Rule is made absolute. The failure to cross examine the plaintiff’s witness to falsify the case of the plaintiffs or controvert t......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

Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)

....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ......;Opposite-Parties Judgment February 10, 2013. Result: The Rule is discharged. Accused shall rebut presumption Under the provisions of section 27(2) an accused shall have to rebut presumption about the allegation and explain his position regarding the acquisition of prop......alf of the accused-petitioner, submits that the Deputy Director of the Anti-Corruption Commission issued notice under section 26(1) of the Anti-Corruption Commission Act, 2004 without having any lawful authority and, as such, the proceeding initiated thereunder has become vitiated. It is stated..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6

AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)

....s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ......s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ............................Petitioner Vs. Bangladesh and others ....................Respondents Judgment January 30, 2013. Result: The rule is discharged. Cases Referred to- AFM Shah Alam Vs. Mojibul Huq, 41 DLR (AD) 68. Lawyers Involved: Zahangir Kabir, ......dents to show cause as to why the notification dated 2-2-2011 so far as it relates to Serial No. 1 declaring of Sarwar Kamal as Mayor of Cox's Bazar Pourashava should not be declared without lawful authority and is of no legal effect as it alleged to have been in violation of Section 32(1 )..

Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3

Mohammad Elias Vs. Commissioner of Customs, Chittagong and others, 2013, 42 CLC (HCD)

....final assessment within a period of four months from receipt of this order. Communicate the judgment to respondents No.1-4. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ...... purpose of levying customs duties, so the Customs authority had to follow the Customs Valuation Rules, 2000 when the invoice value of the imported Brazil origin white sugar could not be accepted and accordingly it assessed the customs duties following the first option of assessment of identical goo...... (Special Original Jurisdiction) Present: Shamim Hasnain J Md. Ruhul Quddus J Mohammad Elias ..................................................Petitioner Vs. The Commissioner of Customs, Chittagong and others .............Respondents Judgment January 28, 2013. Result: ......r the purpose of determination of minimum value of Brazil origin white sugar the Customs authority had referred the matter to an assessment committee. Constitution of any such committee is unknown to law and as such the impugned assessment on recommendation of the assessment committee is without law..

Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59

Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)

.... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ......er, the Government, by its Memo No. 23.40.04.04.01.14.2000-260 dated 25-4-2000, issued sanction letter for the purpose of prosecution against the accused-petitioner under section 4(2) of the Act, and accordingly, the Bureau of Anti-Corruption submitted charge-sheet No. 207 dated 30-5-2000 against th......;...............Petitioner Vs. State and another..........................Opposite-Parties Judgment January 24, 2013. Result: The Rule is discharged. Cases Referred to- People's Republic of Bangladesh Vs. Shahadat Hossain, 16 BLT (AD) 183, Mustafizur Rahma......orruption Act, 1957, and in that view of the matter the notice issued under section 5(2) of the Anti-Corruption Act, 1957 by the Bureau of Anti-Corruption was not valid and legal notice in the eye of law, and on that score, the impugned proceedings initiated against the accused-petitioner on the bas..

Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8

Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)

....the institution or continuance of criminal proceedings against an accused-person may amount to an abuse of the process of the or when the quashing of the impugned proceedings would secure the ends of justice; (3) Where there is a legal bar against institution or continuance of a criminal c...... Accordingly, a notice dated 14-11-2007 was issued and served upon him under section 26(1) of the Anti-Corruption Commission Act, 2004, directing him to submit statement of properties and liabilities according to the prescribed form. Thereafter, he submitted wealth statement on 24-12-2007 disclosing......hellip;…………………………Opposite Parties Judgment January 17, 2013. Result: The Rule is discharged. Opportunity to prove the allegation by adducing evidence- There is scope for the accused-petitioner to expl......cement of trial would amount to stifling the proceedings before the prosecution got an opportunity to bring evidence in support of the accusation." 19. It is also a settled position of law that the defence materials as submitted by the accused-petitioner cannot be considered in a quas..

Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3

Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)

....warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......her the Ordinance No. VII of 2007 and Ordinance No. VIII of 2007 made by the President during the period of the then Non-party care-taker Government in 2007 having not been approved by the parliament according to the relevant provision of the constitution, can it be considered as a law any more unde...... Vs. State and another……………...........Opposite-parties Judgment January 17, 2013. Result: The application is rejected. Cases Referred to- Tarique Rahman Vs. Bangladesh, 63 DLR (AD) 18;Pirjada Syed Shariatullah Vs. Government of B....... Thereby, no sanction was accorded of the Government to initiate/inquiry into the allegation or for the trial and therefore the initiation/inquiry and trial, if any, is not the inquiry in the eye of law. It was also stated that no offence was committed under the Singapore law; thus, the proceeding ..

Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11

Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)

....ation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339. ......alipuja' since he was not a believer of the said rites as under: "The 'Nitisare' tells, us "neither through colour nor through ancestor can the spirit worthy of Brahman be generated," Thus according to it cast division should not be by birth but by capacity." The High Court Divi......Involved: S. N. Goswami, Advocate, instructed by Mr. Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No.927 of 2009. Judgment Syed Mahmud Hossain J. - This civil petition for leav...... that there was no proper committee for management of the debutter property. The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appea..

Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14

Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......No.CJM/LB/13(Ka) 68 dated 4.8.2011 issued by the General Manager, Crescent Jute Mills Ltd. terminating the writ petitioner from his service of a labour sarder in the said Mills. 2. Facts leading to issuance of the Rule, in brief, are that the writ petitioner joined Crescent Jute Mills Ltd., Kha......he writ petitioner or that he was terminated consequent thereto. The Mills did not require his service, hence under authority of section 26 (Kha) of the Bangladesh Labour Act, 2006 the petitioner was lawfully terminated from service. The power given under the law to terminate the service of a worker..

Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101

Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013

.... for delivery of MRP Passport on 15-2-2012, respondent No.2 failed to delivery the passport to the petitioner on due date without assigning any reason. Subsequently, the petitioner served a demanding justice notice upon respondents through his lawyer in respect to delivery of his MRP Passport. Howev...... his right. 17. In this gesture we may emphasis on article 32 of the Constitution. Article 32 reads:— "32. No person shall be deprived of his life or personal liberty except according to procedure established by law." 18. If the right to travel is a part of the pe......ioner Vs. Govemment of Bangladesh and others…………Respondents Judgment January 10, 2013. Result: The Rule is made absolute. Cases Referred to- Shapiro Vs. Thompson, (1969) 394 US 618; Ebrahim Vazir Vs. Bombay, AIR 1954 SC 229; Kent Vs......pondents to deliver the machine Readable Passport in favour of the petitioner bearing "Delivery Slip" with Enrolment ID MRP 2601 00000327956 should not be declared to have been made without lawful authority and as to why the respondents should not directed to deliver the Machine Readable P..

Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2

Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)

....inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ...... State reported in 60 DLR (AD) 1 wherein it has been held— "Before taking of cognizance of case by the competent Court or tribunal, a proceedings cannot be said to be pending and accordingly, a proceeding cannot be quashed unless cognizance in respect thereof has been taken......p;………………………….Opposite-party Judgment January 10, 2013. Result: The Rule is made absolute. Cases Referred to- Khizir Haider Vs. State, 73 MLR (AD) 157;13 MLR (AD) 157; Abdul Hague Vs. State, 60 DLR (AD......lam, is hereby quashed. Stay order passed in connection with this Rule stands vacated. The learned judge of the trial Court shall proceed with the Case against another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. ..

Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4

Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)

....ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......me disagreements; there were two candidates for one vacant post, namely, the petitioner and one Sued Bazlul Karim; the petitioner submitted 55 proxy Forms of 55 share holders, having 1,26,190 shares; according to Article 141 of the Articles of Association of the Company the meeting was adjourned for...... the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......the 2 separate suits at the behest of the interest quarter only to defer holding the election to the great prejudice of the company and other parties as well as frustrating the statutory provision of law requiring retirement of director rotation as well as to hold, the Annual General Meeting of the ..

Category: Company Law | Date: 9 Jan, 2013 | Hits: 13

Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)

....at is to say, the aforesaid section will prevail over section 537…………………………(7) No defect or irregularity in the form of the charge will affect a decision unless failure of justice has been caused……………………………(6) The Code of Criminal Procedure, 1...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ......dent Judgment January 9, 2013. Result: The appeal is allowed. Framing of charge in a criminal trial The object of framing charge in a criminal trial is to enable the accused to have a clear idea of what he is being tried for and of the essential facts......��…(15) This examination and reply to the examination can be taken into consideration in judging the innocence of the accused or guilt to the charge. Therefore, there is no gainsaying that law enjoins upon the court the duty of placing before the appellants the circumstances, appearing ..

Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10

Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)

....shy;ing of the original criminal case by putting a new number may be an irregularity and technical defect. But for that reasons alone, it should not be quashed preventing the complainant from seeking justice. 8. We have carefully gone through the grounds taken in the application under section 5...... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ........Petitioners Vs. State and another.................................Opposite-parties Judgment January 7, 2013. Result: The Rule may be made absolute. Cases Referred to- Aminur Rahman (Md) Vs.State 8 BLC 518; Khondaker Mahtabuddin Ahmed Vs.State, 49 DLR (AD). ......any section on the basis of a separate application. It is submitted that re-starting of the case merely by putting a new number i.e. CR Case No.3 of 2009, is illegal and it violated the procedural of law and, as such,, the proceeding is nothing but an abuse of process of the Court. It is submitted t..

Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2

Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)

....endant-opposite parties; This tendency of giving relief in a summary manner without hearing the other side(s),is clearly violative of the law declared by this Division and the principles of natural justice as well. Therefore, we find the grievance of Mr. Mahmudul Islam legitimate, Mr. Aktar Imam......09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ......ment January 4, 2013. Result: The petition is disposed of. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 115 Without issuing Rule and giving no opportunity to the other side(s) of being heard, the summary disposal of a revision application filed under sec......s prayed for. The learned Assistant Judge also passed an order of ad-interim injunction. On receipt of the show cause notice, the defendant-petitioners entered appearance in the suit through their lawyer on 11.07.2012 and prayed for time for filing written objection and written statement. On suc..

Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8

Anti-Corruption Commission Vs. Md. Bayazid & others, 2013, 42 CLC (AD)

....rned Special Judge to proceed with the case in accordance with law. The petition is disposed of with the above observations. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 97. ...... of the Anti-Corruption Commission Rules. The High Court Division was of the view that the sanction letter under memo dated 7th October, 2009 was a mechanical one without application of mind and accordingly quashed the proceeding. 4. Mr. Khurshid Alam Khan, learned counsel appearing for th......rent Law and this Rule, the Law will prevail over the Rules. Rules made under a statute must be treated for all purposes of construction or obligations exactly as if they were in the Act and are to be of same effect as if contained in the Act and are to be judicially noticed for all purpos......nbsp; Result: The petition is disposed of with observations. The Anti-Corruption Commission Act, 2004 (Act No. V of 2004); section 32 Relationship between parent law with subordinated legislation When there is conflict between the parent Law and this Rule, ..

Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6

Bayer Crop Science LimitedVs. The Commissioner of Taxes, 2013, 42 CLC (HCD)

.... January 3, 2013. Result: Both the I.T. References succeeds. The connected Rule being No.30 (Ref:) /2011 is disposed of. When two appeals are filed against the same judgment the ends of justice requires that both the appeals are heard together in order to avoid conflicting decision. Th......t simply imports the finish goods in bulk quantity and after packaging the same it sells in the local market. The Assesse-applicant is an Income tax assessee under the TIN. No.177-200-7506/Coy-18 and accordingly it submitted its income tax return for the assessment year 2008-2009 showing an income o......ferences succeeds. The connected Rule being No.30 (Ref:) /2011 is disposed of. When two appeals are filed against the same judgment the ends of justice requires that both the appeals are heard together in order to avoid conflicting decision. The Taxes Appellate Tribunal not even a quasi judic......t case the Assesse-applicant has shown an excessive expenses in respect of stationary, carriage, utility charges, publicity expenses and also in respect of bad debtand therefore the concerned DCT has lawfully disallowed the expenses under the provision of section 29 of the Income Tax Ordinance 1984 ..

Category: Fiscal/Taxation Law | Date: 3 Jan, 2013 | Hits: 85

Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)

.... in the name of the petitioner. In view of the above, the direction made by the Company Court while dismissing the petition is uncalled for and the same is liable to be interfered with for ends of justice. Accordingly, the operative part of the impugned judgment directing "to encash the FDR as p......shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ......Islam Bhuiyan, Advocate-on-Record- For the Petitioner. Mrs. Tania Amir, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.2985 of 2012. (From the judgment and order dated 2.12.2012 passed by the High Co......liability". It is against this direction, the petitioner moves this leave petition. 4. Mr. Mainul Hosein learned counsel appearing for the petitioner submitted that the Company Court erred in law in directing encashment of the FDR which stands in the personal name of the petitioner and the ..

Category: Company Law | Date: 12 Dec, 2012 | Hits: 30

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