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Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ...... Md. Ashraful Kamal J Energy Prima Ltd……………………………...Petitioner Vs. People's Republic of Bangladesh and others...............Respondents Judgment July 29, 2012. Result: Both......monthly rental and energy payment bill of the petitioner by the respondent No. 2-4 is without lawful authority and is of no legal effect. Moreover, under the same international tender and tender documents and draft agreement, another rental power company namely Aggreko International Projects Li..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
.... question of its power under section 561A and exercises its power rampantly and thereby hampers the progress of the investigation of cases and obstructs the investigating agencies to collect evidence relevant for proving the cases. This sort of exercise of power is deprecated. It is hoped that the H......ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......ghest echelon. Before making any decision on the basis of the application filed by the investigating agency by the learned Magistrate, the learned Judges usurped the power of the learned Magistrate and made the direction. To say otherwise, though the Code of Criminal Procedure authorized a Magistr......ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
....t of Magistrate, 1st Class, Cognizance Court No.1, Moulvibazar Sadar, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule is that the complainant filed C.R. Case No.218 of 2002 on 26.07.20......tim went to the house of Arfanullah. Thereafter the victim was missing. It is alleged that the accseds confined the victim in the house of Arfanullah for forcibly taking signature on some blank stamp papers. Being refused the accuseds confined him in an unknown place. The complainant made searching ......ed in: 21 BLT (HCD) (2013) 28 ......rt of Magistrate. These two Sections indicate that when an accused is brought for trial before a court of law the court upon hearing the parties and on consideration of the record of the case and the documents may discharge the accused. Theses two Sections have nothing to do with quashing of a proce..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... independence, so that the indispensable independence of the judiciary is kept up. The questions to be discussed has got significance affecting the principle of independence of judiciary. 14. The relevant sentences, in the Ruling of the Hon'ble Speaker dated 18.06.2012 as quoted in the petition,......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......n) Present : Hasan Foez Siddique J ABM Altaf Hossain J AKM Shafiuddin.......................… Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others..................................… Respondents Judgment ......t could swing to an unpalatable predicament. During the proceedings, Mr. Manzill Murshid, the learned counsel for the Petitioner, brought to our notice certain media clippings. It transpires from the documents that the Hon'ble Speaker was not briefed on this matter with meticulous precision. Contrar..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
....rt Division as well as those of the courts below. 9. It appears that all the three courts, on proper consideration of the facts, circumstances and evidence on record and also examining the relevant law held the concurrent view that none of the circumstances and conditions stated in sectio......e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Aysha Siddiqua ..............................Petitioner Vs. Fazilatunnesa and other...................Respondents Judgment July 15, 2012. Result: ......e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)
....ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......n CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Rafiqul Islam and others....................................Petitioners Vs. Md. Azmal Hossain and other...... properly constituted suit, the auction purchasers cannot acquire any right in the said property. 5. On consideration of the facts and circumstances of the matters and upon perusal of the documents enclosed with the paper book, we find merit in the contention of the learned counsel. L..Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
.... that since the litigant petitioner moved with ill advice of the learned Advocate proceeding taken after the appeal was dismissed on wrong forum the delay should be condoned. 4. Let us quote the relevant portion of the judgment of the Appellate Division reported in 20 BLT. It is held that:&mdas...... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ...... 21 BLT (HCD) (2013) 1 ...... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
Government of Bangladesh and others Vs. A.T.M. Abdul Matin, 2012, 41 CLC (HCD)
....ated 23rd October, 2008 passed by the High Court Division in Writ Petition No.10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ......that the writ petitioner was dismissed from the service without affording any opportunity of being heard. 3. Mr. Rajik-al-Jalil, learned Deputy Attorney General has taken us to the relevant papers annexed with the writ petition and the impugned judgment and submits that the review petitio......ltana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh, represented by the Secretary, Finance Division, Ministry of Finance, Bangladesh Secretariat, Dhaka and others..........Petitioners Vs. A.T.M. Abdul Matin.........................................ated 23rd October, 2008 passed by the High Court Division in Writ Petition No.10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ..Category: Procedural Law | Date: 12 Jul, 2012 | Hits: 4
....is acquitted from the charges brought against him.
The Rule is disposed of accordingly.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 237
......his Court on 2-5-2012, in company Matter No. 116 of 2006, whereby the contemner (as receiver) was directed to hand over the management of the company to the incumbent Board of directors alongwith all papers and documents as were taken into their custody by the receiver.
3. The contemner ha......d in: 65 DLR (HCD) (2013) 237
...... (on behalf of his client) before this Court, submits that the respondent-contemner was, indeed, willing to complete jobs assigned to his firm and out of that bonafide intent he had only retained the documents, without knowing that it was his obligation to return the documents immediately upon ..
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
.... and its provisions have to be adhered to very strictly. Chapter VII of the Ain, 2003 has dealt with the appeal and the revision. Section 40 of the Ain, 2003 has spoken about the applicability of the relevant provisions of the Code of Civil Procedure in respect of appeal and revision to be filed und......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ...............Petitioner Vs. Janata Bank, Ullapara Branch, Sirajgonj........Respondent Judgment July 8, 2012. Result: The petition is disposed of. Lawyers Involved: Mohammad Ali Akanda, Advocate instructed by Haridas Paul, Advocate-on-Record-For the Petitioner. Awlad Ali, Seni......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
....bserve that before issuing Rule on an application under article 102 of the Constitution, it is the duty of the Court exercising the power of judicial review to see that in filing the application, the relevant rules of High Court Division Rules are followed, the grounds taken in the application and t...... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ......ioner. Syed Shaheed Hossain, Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 2208 of 2011. (From the judgment and order dated the 16th day of May, 2011 passed by the High Court Division in Writ Petition No.8824...... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
.... have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to this court may seem fit and proper. 2. Facts in a nutshell relevant for the purpose of disposal of this rule are that petitioner is a schedule bank of Ban......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......slam Chowdhury J Mohammad Ullah J City Bank Ltd……………………......................Petitioner Vs. Labour Appellate Tribunal and others ..........Respondents Judgment July 7, 2012. Result: The rule is made......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....e congestion of cargos and containers at the port delaying the loading and unloading of goods. Hence, the economy of the country was being severely and adversely affected. 33. Moreso, at the relevant time the dock workers/staffs under the Dock Management Board were regularly and intentiona......nce Nos. DT/Ship/ Berth Operator/Tender/631 (Cargo) dated 17.05.2010 (Annexure-A-1) and DT/Ship/Berth Operator/Tender/631 (Container) dated 17.05.2010 (Annexure- A-2) by publishing in two local newspapers, namely, “Daily Azadi” and “Daily Purbokon”, on 18.05.2010 for appointment of ......igh Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Ancient Traders Limited, Facy Building (2nd Floor), 87 Agrabad C/A, Chittagong-4100 and others……………………………Petitioner Vs. Chittagong Port Atuthority, Ban......-Committee constituted by the Parliamentary Standing Committee on Shipping, it was observed, inter alia, that an inexperienced consultancy firm was given the responsibility of preparing the tender documents for appointment of Berth Operator; that some information had been provided in the tender..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
....ese considerations but upon the view that there are no reasonable grounds for believing that she has been guilty of the offence alleged. To clarify the legal position, if at all required, it is quite relevant to refer to the case of Prahlad Singh Bhati Vs. NCT Delhi, reported in AIR 2001 SC 1444, wh...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ...... can not be based solely on co-accused’s confession It is settled law that conviction can not be based solely upon the confession made by a co-accused as against the non-confessing accused and there is nothing to disagree with this settled position of law.......... (17) Confession, n......n of evidence given in the Evidence Act, 1872. Section 3 of the said Act defines evidence as follows:— Evidence means and includes:— (1)............................ (2) All documents produce for the inspection of the court". Hence, this confessional statement is a doc..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
....al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
......considered the submissions of the learned Additional Attorney General for the appellant and Mr. Mahmudul Islam, learned Senior Advocate for writ-respondent No.1, perused the impugned judgment and the papers incorporated in the paper-book.
11. To begin with, it is necessary to have a glimpse on......a J
Md. Abdul Wahhab Miah J
Syed Mahmud Hossain J
Md. Shamsul Huda J
The Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka..................Appellant
Vs.
Orex Networ......ot adjudicate the facts which have already been decided by the Court of Settlement and as such, the judgment delivered by the High Court Division should be set aside. He then submits that no original documents relating to the abandoned building were produced by the writ-petitioner and that even thos..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....Ullah, learned Assistant Attorney-General, on the other hand, submits that the petitioner cannot claim to be appointed as of right. 15. We have perused the writ petition, its annexures and other relevant papers. 16. From the records placed before us, we find that there is a provision of 30......arned Assistant Attorney-General, on the other hand, submits that the petitioner cannot claim to be appointed as of right. 15. We have perused the writ petition, its annexures and other relevant papers. 16. From the records placed before us, we find that there is a provision of 30% quota s......has always , True to Form, Stepped in to Mitigate the Rigours of Strict Law- The doctrine of promissory estoppel has been variously called 'equitable estoppel', 'quasi estoppel' and 'new estoppel'. It is a principle evolved by equity to avoid injustice and through commo......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148 ..Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....eave to Appeal No.1434 of 2012 is directed against the judgment and order dated 20-5-2012 passed by a Division Bench of the High Court Division disposing of Writ Petition No.4546 of 2012. 3. The relevant facts for the purpose of disposal of this Civil Petition for Leave to Appeal are as fo......ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ......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......ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ..Category: Others | Date: 18 Jun, 2012 | Hits: 7
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
.... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ......n addressed by the High Court Division and, as such, the impugned judgment should not be set-aside. 11. We have considered the impugned judgment, the submissions of the learned Advocates and the papers incorporated in the paper book. 12. Before addressing the submissions of the learned Adv......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................ of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
.... a suit in civil
court as per section 29(4) of the State Acquisition and Tenancy Act. The High
Court Division, after hearing the learned Counsel of both the sides and
examining and considering the relevant annexures made the rule absolute declaring
the impugned miscellaneous case and the impugne......on and the annexures filed therewith.
10.
It appears that the High Court Division has considered the case of the writ
petitioners and also that of the contesting respondents and the material papers
including the registered lease deeds and held that since, admittedly, the
predecessors of......n
(Civil)
Present:
Surendra Kumar
Sinha J
Md. Abdul Wahhab
Miah J
Nazmun Ara Sultana
J
Muhammad Imman Ali
J
Md. Shamsul Huda J
Secretary,
Ministry of Land, People's Republic of Bangladesh, Bangladesh Secretariat,
Ramna, Dhaka and others....................
view of the above, it is evident, that there is no merit in this Civil Petition
for leave to appeal and hence it is dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 832.
..
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)
....ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ......iling affidavit-in-opposition denying all material allegations. 6. The learned Judges of the High Court Division, after hearing the learned Counsel of both the sides and considering the material papers made the rule absolute by the impugned judgment and order on the findings that the disciplina......l) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Bangladesh Biman Corporation and others..............Appellants Vs. Riaz Uddin Ahmed and others..................................ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ..Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388
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