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Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
.... to appreciate that in order to find out whether respondent No.3 was removed from the office of Director lawfully, the Registrar is authorized to make such investigation as may be found necessary for proper discharge of his duties and as such, section 193(6) contemplates conducting of hearing with a......Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed Md. Shamsul Huda J Ms. Ok-Kyung Oh, Dhaka…………………………………….......Appellant Vs. Tea Hung Packaging (Bd) Ltd. and Others…………………. Respondents Judgment July 20, 2011. Result: The appeal......declining personal relationship between writ-petitioner No.2 and the appellant and put the management structure of the Company in a shamble. At one point of time, the appellant alleged that she was illegally removed from the office of Managing Director of the Company. She filed an application under ..Category: Company Law | Date: | Hits: 235
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
....he grant unless such employee is legally entitled to the same and secondly, this withdrawal of benefit of the Government's grant is not final and it may be rectified at any time by the authority if improper withdrawal is detected later on. This undertaking disentitled the writ petitioner from claimi......ohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Principal, Fulbaria College, Mymensingh………………………..Appellant Vs. Md. Helaluddin and Others……………………………………………… Respondent Judgment March 3, ......ssistant Professor and that the actions of the writ respondents re-fixing his scale is a reduction of rank without any sanction of law. 5. Now the only question is whether the writ petitioner was legally entitled to a show cause notice before taking action against him. The answer to this point r..Category: Employment/Service Law | Date: | Hits: 204
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....ion 161 of the Penal Code and against convict appellant No.2 under Section 161/109 of the Penal Code and the charges were read over to them to which both the appellant pleaded not guilty and demanded proper justice. 8. The prosecution examined 40 witnesses to prove the prosecution case and the ......also Reported in: 16 MLR (HCD) (2011) 381. ......ক/প্রশা/১২/৫০৮(১৭)/১(১০), তারিখ-১১/০২/২০০৭ইং। when the Commission was not in existence and as such the very issuance of notice is illegal and without jurisdiction. He further submits that the Judgment and order of conviction and sen..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....exure‑K) should not be declared to have been made and issued without any lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. It is stated in the petition that the petitioner, Prof. Golam Azam, is a Bangladeshi c...... (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 1992. Result: The Rule is mak......am Azam, read with the show cause notice being No. Sha: Ma: (Bahi‑1)/138 dated 23.3.1992 (Annexure‑K) should not be declared to have been made and issued without any lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and prope..Category: Immigration and Citizenship Law | Date: | Hits: 343
Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)
.... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ......esent: Md. Muzammel Hussain J Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh, represented by the Secretary, Ministry of industries and others ……..Petitioners (In both the cases) Vs. Bangladesh Italian Marble Works Ltd. an......s under. 2. All proclamations, Martial Law Regulations, Martial Law Orders made/promulgated during the period between 20th August, 1975 and 9th April, 1979 (Act I of 1979) are hereby declared illegal, void ab initio subject to the following exceptions: 1. all executive acts, things and deed..Category: Constitutional Law | Date: | Hits: 222
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....osecutor, may obtain a warrant of arrest from the Tribunal for the arrest of a person at any stage of the investigation, if he can satisfy the Tribunal that such arrest is necessary for effective and proper investigation. Upon examining the aforesaid provisions of Rule 6 and Rule 9(1), it is beyond ......y Attorney-General, Mustafa Zaman Islam, Deputy Attorney-General, Nazibur Rahman, Assistant Attorney-General, Mahabub-ul Alam, Assistant Attorney-General, ASM Nazmul Haque, Assistant Attorney-General and Delwar Hossain Samaddar, Assistant Attorney-General—For the Opposite Party. Criminal Miscel...... violation of the provisions of section 11(5) of the International Crimes (Tribunal) Act, 1973 (hereinafter referred to as the Act of 1973). As such, the alleged proceedings of the Tribunal are of no legal effect. 3. At the outset, Mr. Abdur Razzaq, the learned Advocate appearing on behalf of the..Category: Criminal Law | Date: | Hits: 103
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....spondent No.3) should not be declared to have been issued without lawful authority and is of no legal effect and/or pass such other or further order or orders passed as to this Court may seem fit and proper. At the time of the issuance of the Rule the parties were directed to maintain status quo in ...... is also Reported in: 16 BLC (2011) 794. ......d to the Commissioner, Dhaka Division (Respondent No. 2) by the Deputy Commissioner, Narayanganj (Respondent No.3) should not be declared to have been issued without lawful authority and is of no legal effect and/or pass such other or further order or orders passed as to this Court may seem fit ..Category: Property Law | Date: | Hits: 104
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
.... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ......pecial Original Jurisdiction) Present: Zinat Ara J Md. Moinul Islam Chowdhury J Iftekhar Uddin Ahmed…………………………………………Petitioner Vs. Artha Rin Adalat and another ........................Respondents Judgment June 20, 2011. Case Referred to- ......ASM Abdur Razzaque with Fahad Mahmood Khan, Advocates—For the Respondent No. 2. Writ Petition No. 8719 of 2010. Judgment Zinat Ara J. - In this Rule Nisi, the petitioner has challenged the legality of the proceeding of Money Decree Execution Case No.42 of 2002. pending, before the Arth..Category: Civil Law | Date: | Hits: 83
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489........ Cases Referred to- State Vs. Bashirullah, 16 DLR 189; Mafu @ Mafizuddin Vs. State, 31 DLR 16; Ismail Sarker Vs. The State, 33 DLR 320; Hassen Ali Vs. State, 38 DLR 235; Bangladesh Vs. Paran Chandra Baroi, BCR 1986 (AD) 225; Moslemuddin & ors. Vs. State, 1987 BLD (AD) 1; Amir Hossain Howl...... at the time of hearing of the Death Reference. 11. Mrs. Salma Masud Chowdhury has submitted that the learned Additional Sessions Judge wrongly convicted accused Sanwar Hossain though there was no legal evidence against him and that the absence of the name of Sanwar Hossain and the appellants in ..Category: Criminal Law | Date: | Hits: 91
State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)
....t named in the FIR, he deserved to be enlarged on bail. The High Court Division on consideration of the materials on record exercised its discretion in favour of the accused-respondent on assigning proper reasons. It can not be said that this exercise of discretion is arbitrary or unreasonable. ......titioner. Abdul Baset Majumder, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 503 of 2010. (From the judgment and order dated 12.8.2010 passed by the High Court Division in Criminal Miscellaneous Case No.18532 ......ed-respondent and his accomplices have caused the explosion with a motive to create panic in the minds of the city dwellers and. the police finds his complicity in the incident and as such, he is not legally entitled to bail. 6. We have heard the learned Additional attorney General, perused the F..Category: Criminal Law | Date: | Hits: 98
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....re was no valid contract in between the parties inasmuch as the dependent No.3, father of the minor-daughters was not appointed guardian by any Court and, as such, he had no power to sell the minor's property. 6. The unsuccessful plaintiff then took an appeal therefrom being Title Appeal No. 247 ......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Renu Begum...................................Plaintiff-Appellant-Petitioner Vs. Khandokar Enamul Mowla and ors.......Defendant-Respondent-Opposite Parties Judgment July 20, 20......tra and in the body of baina patra the executant Fazle Elahi did not mention that he executed the baina patra for and on behalf of his minor daughters and, as such, the baina patra in question is not legally tenable in the eye of law. He then drawing my attention to the baina patra (Ext.1) submits t..Category: Property Law | Date: | Hits: 74
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......me Court High Court Division (Special Statutory Jurisdiction) Present: Syed Refaat Ahmed J Helm Dungemittel Gmbh……………………....................Petitioner Vs. BCIC and another...... .........................................Respondents Judgment January 12, ......nd disposal by it: i) Whether the letters of credit (L/Cs) opened by the respondent as per agreement and/or pro forma invoices were confirmed/workable? ii) Whether HELM was or was not under any legal or contractual obligation to ship any goods as BCIC failed to open confirmed L/Cs. iii) Whe..Category: Alternative Dispute Resolution | Date: | Hits: 172
Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)
....ssession. 5. We have perused the judgments and other materials on record. The findings of the High Court Division on the point of plaintiff’s acquisition of title in the suit land are based upon proper appreciation of the evidence on record and in this regard Mr. Mahbubey Alam finds it difficul......preme Court Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Abu Syed Khan being dead his legal heirs; 1(a) Shahida Khatun and others……...Petitioners Vs. Humayun Kabir and another……………………………......rted in: VIII ADC (2011) 436. ..Category: Property Law | Date: | Hits: 73
Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)
....e Tribunal upon hearing the parties by the impugned order dated 8th November, 2009 dismissed the appeal on a ground of limitation holding that the petitioners failed to explain the delay by assigning proper reasons. 3. Sub-section (2) of Section 6 of the Administrative Tribunal Act, 1980 provid......eported in: VIII ADC (2011) 434. ......ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ..Category: Administrative Law | Date: | Hits: 206
...., we find no substance in the submissions of the learned Counsel for the appellant.
Accordingly, the Appeal is dismissed in ex-parte.
Ed.
This Case is also Reported in: VIII ADC (2011) 428. ...... 428. ......n provided in Section 152 E (1) of the Ordinance providing that the Taxes Settlement Commission is authorized to reject an application filed under Section 152D (1) thereof.
8. In view of the above legal position, the submission of the learned Advocate about the misconstruing the provision of clau..
Category: Fiscal/Taxation Law | Date: | Hits: 113
Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)
....ourts below found that the Appellate Court arrived at a correct finding that the plaintiff had been able to prove his possession prior to his dispossession and the date of dispossession in the suit property. The High Court Division has also found that the plaintiff exhibited documentary evidence......ADC (2011) 421. ......imals of land out of 10 decimals of land of the suit plot No.8066 within the knowledge of all including the defendants. The plaintiff filled up the land with earth but on 12.05.2004, the defendants illegally took possession of the suit land by erecting house made of corrugated iron and bamboo fenc..Category: Property Law | Date: | Hits: 79
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....bedience to their judgments and orders. 4. As the Warrant of Precedence has an effect on the public psyche, it should necessarily reflect the rank, status and precedence of the District Judges properly. So the relative ranking of the functionaries in the table of the Warrant of Precedence is ......Hossain J Bangladesh represented by the Cabinet Secretary, Cabinet Division, Bangladesh Secretariat, Dhaka-1000 .............................................Petitioner Vs. Md. Ataur Rahman and others…………………….Respondents Order March 13, 2011. Lawyers Involved: ......is an unfounded claim that District Judges being the highest post-holders in the Bangladesh Judicial Service are on the same footing with political executives and legislators. Such a claim has no legal or constitutional basis. 7. The High Court Division upon hearing the parties held that the ..Category: Constitutional Law | Date: | Hits: 441
....he Subordinate Judge Court, Narayanganj in Title Suit No.345 of 1992 dismissing the suit.
2. The facts leading to the filing of this petition for leave to appeal, in short, are:
3. The schedule property as described below known as properties of M/s. Bhajalal Todi and Satyapada Todi, 150/152, B......Hussain…………………………………………..Petitioner
Vs.
Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Commercial Area, P.S. Motijheel, Dhaka and others ...............Respondents
Judgment
March 9, 2011.
Lawyers Involved:
Abdul Wa......rnment under the Defence of Pakistan Ordinance and Rules made thereunder and as such the learned Judges of the High Court Division without considering this aspect of the case dismissed the appeal illegally occasioning failure of justice.
21. He further submits that the High Court Division faile..
Category: Property Law | Date: | Hits: 82
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....egistered is not valid yet once it is registered it takes effect from the date of execution. The object of this section 47 to decide which of two or more registered instruments in respect of the same property is to have effect. A sale which is not complete until the registration of the document is......e Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Alimuzzarnan (Reza) and others..........................Appellants Vs. Md. Masudar Rahman @ Babul and others............inate Judge, Narayangonj for declaration that the deed dated 14th November, 1992 executed and registered through Court in pursuance of the decree passed in Title Suit No.14 of 1986 is fraudulent, illegal, inoperative and void, for confirmation of possession and permanent injunction, alleging int..Category: Procedural Law | Date: | Hits: 76
State Vs. Kazol, 2011, 40 CLC (HCD)
.... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ......Involved: A.M. Md. Azizul Haque, Advocate-For the Condemner Prisoner/ State Defense Lawyer. Bhishmadev Chakrabortty, Deputy Attorney General with Atiqul Haque (Salim) Assistant Attorney General and Abu Saleh Md. Fazle Rabbi Khan, Assistant Attorney General-For the State. Death Reference No...... one of them. In this Mr. Chakrabortty submits that the Section 164-statements made after arrest without torture, coercion and threat are to be considered as given voluntarily upon fulfillment of all legal/procedural formalities as credibly attested to by the P.W.14 Magistrate recording the same. Th..Category: Criminal Law | Date: | Hits: 106
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