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Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
....tion case The execution case does not come to an end with the issuance of a certificate under section 33 (5) of the Artha Rin Adalat Ain, 2003. Rather it remains alive till the possession of the property alleged to have been sold in auction, was handed over to the auction purchaser. .................n end with the issuance of a certificate under section 33 (5) of the Artha Rin Adalat Ain, 2003. Rather it remains alive till the possession of the property alleged to have been sold in auction, was handed over to the auction purchaser. .................... (17) Cases Referred to- ......4-9-2005 passed by Artha Rin Adalat No.1, Bagerhat in Artha Execution Case No.111 of 2005 on the findings that the decree holder bank in order to recover its outstanding dues after exhausting all the legal formalities filed the 2nd execution case as per provision of section 33(6) of the Artha Rin Ad..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
.... Khatun transferred .20 acre of land from R.S. Plot No.3838 for consideration of Tk. 20,000/- to the pre-emptees by a deed of sale dated 16.09.1991. The pre-emptors were asked to purchase the case property and they offered only Tk. 5,000/- for which their offer was turned down. The pre-emptees d......late Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Aminullah and others……………………Appellants Vs. Serajul Huq and others……………â€......n section 24 of the Non- Agricultural Tenancy Act is not synonymous with the word 'holding' as used the "Bengal Tenancy Act or State Acquisition of Tenancy Act." 14. Without looking into that legal aspect, the High Court Division came to a finding that the pre-emptors could not prove that t..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ole Branch, Jessore on 25-1-2007 instituted a suit before the Joint District Judge and Artha Rin Adalat, 1st Court, Jessore for recovery of loan money amounting to Taka 27, 64,841 by selling mortgage properties against the M/s Joint International and others and the same was registered as Artha Rin S......urt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Azizur Rahman (Md.).........................Petitioner Vs. Bangladesh and others... .............Respondents Judgment November 20, 2012. Result: The R......2009 (Annexure-D-2) issued by the Joint District Judge and Artha Rin Adalat, 1st Court, Jessore in Artha Execution Case No.11 of 2008 shall not be declared to be without lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is that the respondent No.3 Isla..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....ity card bearing the name of the victim Nasima etc and the blood-stained wearing-apparels of the accused Tipu and the learned trial Judge considered the evidence and materials on record in their proper perspective and scanned the attending circumstances of the case and rightly found all the acc......bsp; ...... & Justice, Government of Bangladesh Vs. Montu alias Nazrul Haque & others reported in 44 DLR (AD) 287. 25. Mr. Md. Khurshedul Alam next submits that the Court below did not commit any illegality in awarding capital punishment to the appellant because of the brutality and coldblood..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77. ......cial Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Amirul Islam (Md.).....................................Petitioner Vs. Commissioner of Customs and others............Respondents Judgment November 19, 2012. Result: The Rule i......04/2011-12 passed by the respondents (Annexure-A), by adoption of the "Deductive Value Method" in ignorance of the CRF certificate, relevant laws and rules shall not be declared illegal, without lawful authority and is of no legal effect and as to why the value of the goods in qu..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....y as earnest money and delivered possession of a part of the land by executing an agreement on 2.4.1963 in favour of Sheikh Ali Ahmed. Said Hemlata and her co-sharers failed to execute and register a proper deed of conveyance, for which Sheikh Ali Ahmed instituted Title Suit No.63 of 1990 for specif......n (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Maleka Khatun………..................Petitioner Vs. Bangladesh and others ………...Respondents Judgment November 18, 2012. Result: The Rule ......rul Hasan, Assistant Attorney General (with leave of the Court)- for the respondents. Writ Petition No. 8854 of 2011. Judgment Md. Ruhul Quddus J.- This Rule was issued challenging the legality of a notice under section 5 (1) of the Government and Local Authority Lands and Buildings (..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....cedure. 11. Mr. Abdus Samad Azad, the learned Advocate appearing for the respondent No.1, on the other hand, supports the impugned judgment and order which was according to him just, correct and proper. Mr. Azad in the course of his argument upon placing supplementary affidavit dated 8-11-2012 ......t Division (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J Nahida Sultana…………...................Appellant Vs. Bazlur Rahman Khan and others......Respondents Judgment November 14, 2012. Result: The appeal is al......arned Advocate appearing for the appellants submits that the Court of appeal below without applying its judicial mind into the facts and circumstance of the case and law bearing on the subject most illegally rejected the Miscellaneous Case under Order XLI, rule 19 of the Code of Civil Procedure. He ..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....ment found the respondent not guilty to the charge and acquitted him. 3. Leave was granted to consider whether the High Court Division was justified in acquitÂting the respondent in not properly sifting the evidence of the prosecution witnesses particuÂlarly the evidence of Younus C......esumption that no person will make a statement against his interest unless it is true; at all events, such confession may reasonably be taken to be true as against himself. A conÂfession duly made and satisfactorily proved is, in general, sufficient to warrant a conviction without corroboration......ssions Judge disbeÂlieved this confession mainly on the reasoning that the said statement did not tally with the injuries found on the person of the victim. Now the question is, whether, this is a legal ground to discard a confession which is apparently inculpatory in nature. 5. A confessi..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
....ed judgment found the respondent not guilty to the charge and acquitted him. 3. Leave was granted to consider whether the High Court Division was justified in acquitting the respondent in not properly sifting the evidence of the prosecution witnesses particularly the evidence of Younus Chow.....................Appellant Vs. Kazi Mahbubuddin Ahmed .....................Respondent Judgment November 14, 2012. Result: The appeal is dismissed. Confession and second confession A confession is an admission made at any time by a person charged with ......Sessions Judge disbelieved this confession mainly on the reasoning that the said statement did not tally with the injuries found on the person of the victim. Now the question is, whether, this is a legal ground to discard a confession which is apparently inculpatory in nature. 5. A confessi..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
.... The plaintiffs and defendant No.1 both claiming to be the heirs and “বায়মা গৃহীতা” respectively of Shamsul Kabir Humayun Reza were conspiring to grab the property of defendant No.3, actual Shamsul Kabir Humayun Reza by resorting to forgery. The defendant...... Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shamsul Kabir Humayun Reza………………Petitioner Vs. Anwarul Hasan and Others……………………Respondents (In Civil Peti......ing to start the construction work in the middle of November, 2003, he got the information that defendant No.1, MA Hashem (petitioner of CP Nos.1671 and 1672 of 2011) in order to grab the suit plot illegally, was engaged in forging papers by using his name (Engineer Shamsul Kabir Humayun Reza) showi..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....lpur in Sessions Case No.118 of 2010 rejecting prayer for discharge of the accused-petitioner, should not be set-aside or and/or pass such other order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule, all further proceedings of the aforesaid Sessio...... Judgment November 11, 2012. Result: The Rule is discharged. Negotiable Instruments Act, 1881 [XXVI of 1881]; Section 138 The cheque was dishonored for insufficient fund; and legal notice was issued and served on 7-9-2009 and within next 30 days from the date of cause of......udgment November 11, 2012. Result: The Rule is discharged. Negotiable Instruments Act, 1881 [XXVI of 1881]; Section 138 The cheque was dishonored for insufficient fund; and legal notice was issued and served on 7-9-2009 and within next 30 days from the date of cause of act..Category: Others | Date: 11 Nov, 2012 | Hits: 8
....s that the learned trial Court as well as the appellate Court during disposal of the original suit and subsequent appeal committed material illegality and irregularity. The evidence on record was not properly assessed and there has been no proper appreciation of law and as such the impugned judgment......his Case is also Reported in: 21 BLT (HCD) (2013) 51.
......ffs were terminated by the defendant No.1who was not the appointing authority and that he had no authority or jurisdiction to terminate the plaintiffs. Only the Managing Director of Sonali Bank could legally terminate the plaintiffs since he was the appointing authority of the plaintiffs. The impugn..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....f the alleged illegal transaction and he has an engagement in the alleged illegal transaction, a prima facie allegation of abetment regarding manipulation of the tender for sale of the abandoned properties has been disclosed against the accused-petitioner in the prosecution materials.................ision (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Ali Haider Chowdhury .................Petitioner Vs. State and another…………………...Opposite Party Judgment ......mentioning of name of the petitioner in the 161-statements cannot exclude him from all possibilities of implication as an abettor of the offence because he is a beneficiary of the alleged illegal transaction which was allegedly done in connivance with other accused named in the FIR and the..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....upon the respondent nos.1-4 to take legal action against the respondent no.5-8 under the provision of Penal Code and/or pass such other or further order or orders as to this Court may seem fit and proper. 4. Facts leading to the issuance of the Rule, in brief, are: A news was published in t......arkar J Advocate Asaduzzaman Siddiqui................ Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, P.S. Ramna, Dhaka and others.………...... Respondents. Judgment November 8, 2012. Result: Th...... under Article 102 of the Constitution of the People’s Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the inaction of the respondents to take legal action against the respondent no.5 should not be declared illegal and without lawful authorit..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
..............Respondents Judgment November 7, 2012 Result: The Rule is made absolute. Upon the satisfaction of the Court a private sale of the mortgaged property to satisfy the decreetal amount can be allowed to the Judgment debtor by the Court. A reaso......ision (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badrazzaman J Mosharef Hossain (Md.).............................Petitioner Vs. Bangladesh and others..........................Respondents Judgment November......exure-B and B-1 respectively) for selling the schedule mortgaged properties in to auction which is scheduled to be held on 22-5-2011 should not be declared to be without lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is that the respondent No.3&mdas..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
....ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Anti Corruption Commission……………………Petitioner Vs. Md. Obaidul Karim and another................Respondents Judgment November 4, 2012. Result: The le......ow, from a reliable source, that one Jeep was kept in the custody of one Md. Abdus Salam, son of late Hasen, of Building No.A/P.11, at 11/R Top Kalabagan, Green Road Staff Quarter, Dhaka, without any legal document and that he was trying to sell the said Jeep; that they then proceeded immediately to..Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....gation. After investigation he submitted charge sheet accusing the accused under Section 302 of the Penal Code. In cross-examination he denied the suggestion that he did not investigate the case properly. P.W.12 Dr. Md. AbdusSobhan. He deposed that at the relevant time he was attached as M......te ………......................The Respondent Judgment October 18, 2012. Result: Death Reference No.36 of 2007 is rejected. Criminal Appeal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. Cases Referred to- Md. Jiaur Rahman Vs. The St...... been made by learned Additional Sessions Judge, Lakshmipur (briefly as Judge), for confirmation of death sentence of condemned-prisoner. 2. By the above appeals the appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 23.05.2007 passed ..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....dealt with auction sale (¢em¡j ¢hœ²u). In section 33, there are 9(nine) sub-sections. Sub-sections (1)-(4) of the section have dealt with the procedure of auction sale of a property in execution of a decree. Sub-section (5) has dealt with the power of the executing Court t...... Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Shamsul Huda J Abdur Razzaque Chowdhury and others.......Petitioners (In both cases) Vs. Artha Rin Adalat and others....................t on 07.10.2007 in the execution case without compliance of the provisions laid down in section 34(9) of the Ain, 2003 should not be declared to have been passed without lawful authority and is of no legal effect. 3. The decree-holder-Bank contested the Rule by filing an affidavit-in-oppositio..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....ted 30-1-2000 passed by the Assistant Judge, 4th Court, Dhaka in Title Suit No. 321 of 1999 should not be set-aside and or pass such other or further order or orders as to this court may seem fit and proper. 2. The Rule is directed against the order No. 8 dated 30-1-2000 passed by the Assistant......sh;For the Petitioners. Civil Revision No. 2272 of 2000. Judgment Md. Moinul Islam Chowdhury J. — At the instance of the defendant-petitioners, Mayor, Dhaka City Corporation and others, this Rule has been issued calling upon the opposite party to show cause as to why t...... Daily Newspaper on 8-12-1996 namely Daily Khabar, Daily Nowroz etc. and in accordance with the assurance made by the defendants 5,000 Rickshaw of Plaintiff Samity are running in the city streets. No legal problem would be arisen, if licences are issued to those Rickshaws. Inspite of assurance of de..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....defines the limit of the Customs Station. Section 10 stipulates; "The Board may, by notification in the official Gazette—(a) specify the limits of any customs-station; and (b) approve proper places in any custom station for the loading and unloading of goods or any class of goods.&qu......he People's Republic of Bangladesh calling upon the respondents to show cause as to why the holding of the imported duty paid goods covered under Letter of Credit No. 209610010034 dated 18-3-2010 and B/E No.C137775 dated 19-10-2010 and B/E No.C63728 dated 23-5-2010, Bill of Lading No.S00005349 d......63728 dated 23-5-2010, Bill of Lading No.S00005349 dated 11-4-2010 and Bill of Lading No.S00005402 dated 15-4-2010 should" not be declared to have been done without lawful authority and is of no legal effect and as to why the respondents should not be directed to release the said imported duty ..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
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