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Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....de of Criminal Procedure did not properly consider the case records and the documents submitted therewith. Mr. Islam contended that the learned judge failed to give reasons for the refusal which is a mandatory requirement of law under section 265C and on a misconception of law erroneously framed cha......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....eposit as contemplated in the above section of the Arbitration Act is a condition precedent for filing the application challenging the award of the arbitrator and non-compliance of the aforesaid mandatory provision, the deposit having been made during the pendency of the case cannot be tre......nt of bills vide its letters dated 9-11-1996, 16-11-1996, 24-11-1996, 2-12-1996, 9-12-1996, 29-12-1996, 29-1-1997, 24-4-1997 and 12-5-1997. The appellant also reminded the respondent that as per provisions of the agreement, the appellant was entitled to get payment of interest for the period du..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
.... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ......orum for second review. 13. However, it appears that the learned Judges of the High Court Division considered the contentions of both the contesting parties deeply and examined the relevant provisions of Land Appeal Board Rules, 1990 meticulously and by making elaborate discussion came to ..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......েতু ঐ ফ্ল্যাট পাইতে বাদিনী আইনতঃ হকদার”। 21. In coming to the said conclusion, the learned Joint District Judge considered the provisions of sections 12(c) and 27 of the Specific Relief Act. The learned Judges of the High Court..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ......with section 435 of the Code of Criminal Procedure has obtained the present Rule. 7. Mr. Md. Khurshid Alam Khan, the learned Advocate appearing on behalf of the petitioner referring the relevant provisions of Children Act, 1974 submits that the accused-petitioner was a child that below 16 years..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....holm, Sweden, which were shipped on 22-9-2006 though Emirates Airlines vide an airway bill under HS Code No.8471.80.00. 3. In view of section 25B of the Customs Act, 1969 ("Act") it is mandatory to inspect the said goods through pre-shipment agency and accordingly respondent No.4 insp......hall contain the point or points for determination, the decision thereon and the reasons for the decision. This court finds that an Order (judgment) dismissing an appeal summarily in keeping with the provisions of section 367 must show that court dismissing it, as such applied its judicial mind to t..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....e court…………(16) Whether the petition is maintainable without deposition of required security money- The requirement of depositing 25% of decreetal amount is mandatory since the consequence of not depositing 25% of decreetal amount is stipulated in the ...... of law the sale of the property once made absolute the same is not affected even if the decree is reversed. The auction sale was made absolute by way of confirmation. The sale can be set-aside under provisions laid down in the Code of Civil Procedure 1908 on the grounds provided in the said provisi..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152 ......al is allowed. Arbitration Act, 2001; Section 7A and 21 Whether any Signatory of the Agreement is a Necessary or Proper Party in the Proceedings- After appreciating the provisions of section 7A and 21 of the Arbitration Act, 2001, it is manifest that the..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)
.... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ...... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45
SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)
....tition No.8442 of 2011 has been pending before the High Court Division. This is absolutely shirking the responsibility imposed by law upon the review committee. On doing so it has indeed violated the mandatory provisions of section 23 (2) and (3) read with Rule 22 (4) of PSI Rule, 2002. PSI Rule 200......্ত প্রদানের অবকাশ নেই।” This is absolutely a wrong and fallacious interpretation. 5. The Rule is not opposed by the respondent. The relevant provisions of PSI Rule 2002 in this regard are required to be discussed: “বিধি-২২..Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....t. 1881. 17. In fact, when the cheque is returned to drawer by the Bank for insufficient fund certainly it comes within the mischief of section 138(1) of the Negotiable Instruments Act since other mandatory provisions are found to have been complied with. To have the above views we may also safel......imply make it not negotiable but does not make it ousted from the character of Negotiable Instrument. In support of his contention the learned Deputy Attorney-general has brought to our notice in the provisions laid down in sections 13, 123A(2) (b) and section 126 of the Negotiable Instrument Act. M..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ......ose to send a legal notice to the Purchaser giving her one month within which to conclude the sale. It was argued that this ultimatum makes time of the essence of the contract. In this connection the provisions of the latter part of section 55 of the Contract Act may be referred: “Effect of f..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ...... and not tenable in the eye of law. 12. The duty and responsibility vested upon the respondents is to serve the people and initiate lawful steps and the respondents are duty bound to obey the provisions of law. Yet, they have failed to perform those duties and responsibilities by failing to..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)
....per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ......ority and of no legal effect. 7. Mr. Motahar Hossain Saju, the learned Deputy Attorney General appearing on behalf of the respondents submits that transfer of the instant case was done under the provisions of sections 5/6 of the Druto Bichar Tribunal Ain, 2002, which is special law enacted for ..Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
.... to the amendment, introduced by the Code of Criminal Procedure (Second Amendment) Act, 1992 (Act No.42 of 1992). 12. Khan lastly submits that the period specified by section 167(5) was not mandatory, but directory for whipping up the investigating agency and the case cannot be quashe......by the Courts below in relation to the proceedings. 20. On this issue we firstly need to consider the provision of sub-sections (5), (7) and (7 A) of section 167 of the Code, 1898, as those provisions stood before the amendments introduced by Act No.42 of 1992. Those provisions are quoted ..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
....criminal offence punishable under section 409/109 of the Penal Code and under section 5(2) of the Prevention of Corruption Act, 1947 this Court must not invoke this inherent jurisdiction unless other mandatory provisions as required under section 32 of Anti-Corruption Commission Act read with r......ese two accused-petitioners have invoked this inherent jurisdiction under section 561A of the Code of Criminal Procedure to quash the proceeding on several grounds including the violation of the provisions laid down in section 32 of the Anti-Corruption Commission Act, 2004 and rule দুর্..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ......BJMC and being a public servant within the meaning of the Public Servants (Retirement) Act, 1974 was entitled to uniform grades and scales and uniform terms and conditions of the services under the provisions of the Services (Re-organisation and Conditions) Act, 1975 and he has a vested right to..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ...... the statutory deposit under law. 6. This Rule is not opposed by the respondents by filing any affidavit in opposition. 7. To the appreciate the issue let us first discuss some of the provisions of VAT Act and the Customs Act, 1969 relevant in this regard Section 42 of the VAT Act s..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......on Commission Act, 2004. It is contended that submission of charge sheet after the prescribed period of 60 days and lodgment of FIR without prior sanction of the Commission are also illegal under the provisions of Anti-Corruption Commission Act and Rules there under. It is submitted that there is no..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....g for the petitioners has taken us through the impugned judgment and other materials and submitted that according to paragraph 12 of advertisement for the recruitment of the Assistant Teacher, it was mandatory, that the candidate must submit his/her application with his/her own hand writing along wi......ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
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