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Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)
....g on appeal under section 107 are the same as that of the trial Court. This power has been given to the appellate Court with a view to minimize the harassÂment of the parties to the litigation and also to reduce the docket. It cannot be said that the evidence on record are not sufficient to determi......is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ......is disposed of. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 107 Section 107 of the Code of Civil Procedure enjoins the appellate Court all or any of the powers conferred on a trial Court. The powers of the High Court Division sitting on appeal under section 107 are the same ......Present: Md. Muzammel Hossain 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 Dream Land Properties Ltd.................................................................Petitioner Vs...Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....edly the respondent as importer opened L/C to import certain goods to the tune of Taka 2, 00,000. After arrival of the goods the defendant failed to take delivery in time and, as such, the goods were sold in auction and thereafter the Bank sent a notice to the defendant to adjust the money with the ......dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ...... 4 of 1990 the same was renumbered as Artha Rin Suit and tried and disposed of as per the provision of Act 4 of 1990. It appears that though the respondent did not appear before this Court but during trial the defendant contested the suit and raised specific objection against the Bank regarding the ......J Sonali Bank…………………………………………….Appellants Vs. Habib Medical Store and Others………………. Respondent Judgment February 1..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
....a Ruhidas Vs. Chandan Kumar Sarker, AIR 2003 SC 3701, Coventry and Solihull Waste Disposal Co Ltd V. Russell (Valuation Officer)[2000]1 All ER, 97, Re Nanaimo Community Hotel Ltd [1944]4 DLR 638, Johnson v Johnson [1952] 1 All ER 250 at 251-252, [1952] P 47 at 50-51, D.G. Mahajan Vs. State of Mahara...... that the appellant defaulted in payment of telephone bills.
III. The findings of the High Court Division on the points of loan defaulter and bill defaulter are so exhaustive that no interference is called for by this Division.
14. To begin with, it is necessary to have a glimpse on the submission......gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......ion
Present:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Syed Mahmud Hossain J
Md. Abul Kashem.............................Appellant
Vs.
Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents
Judgment
February 14, 2012.
Result:
The appeal is dismissed.
C..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
.... Regulatory Commission (BTRC) and others……...............Respondents
Judgment
February 13, 2012.
Result:
The writ petition is maintainable. The Rule is made absolute in part.
Tele Communication (Amendment) Act (XLI of 2010)
Sub-section (2) of sectio......rily when BTRC sought to apply the MCF through the impugned memo in respect of the same spectrum, which suffers from unreasonable ness.........(32)
Consumer tax
The value added tax is called ‘consumer tax’, as it is the consumer who ultimately pays the VAT. Although the w......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 401.
......
Present:
Farid Ahmed J
Sheikh Hassan Arif J
Grameen Phone Ltd...............................Petitioner
Vs.
Bangladesh Telecommunication Regulatory Commission (BTRC) and others……...............Respondents
Judgment
February 13, 2012.
..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....ulent which is not binding upon the plaintiffs. 4. The suit was instituted by two ladies who are the daughters of late Abul Hasnat alias Badsha Miah by his second wife, defendant Nos.1-4 are the sons and daughters of said Badsha Miah by 1st wife Shamsun Nahar while the defendant No. 6 is the so......rit we kept the appeal for judgment on 5-2-2012. 10. From the narration made above, about the situation took place before this Court unmistakably suggests that the appellants upon obtaining a so-called compromise, signed by the respondents were reluctant to appear before this Court, since they ......ring the learned Joint District Judge framed 6 (six) issues including one as to whether the decree in Title Suit No. 168 of 1991 is/was illegal, void and not binding upon the plaintiffs. In course of trial of the suit the plaintiff Nos. 1 and 2 examined themselves as witness Nos.1 and 2 for the......ported in: 65 DLR (HCD) (2013) 59. ..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Abdur Razzak Vs. State, 2012, 41 CLC (HCD)
....he charge framing order should be very speaking with regard to involvement of the accused-petitioner in the alleged offence. The trial Court generally observed that "it is found that there is reasonable ground for believing that accused committed offence punishable under section 409/109 Penal C......dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ......nal Procedure, 1898 (Act No. V of 1898); sections 242, 265 D (1) The charge framing order should be very speaking with regard to involvement of the accused-petitioner in the alleged offence. The trial Court generally observed that "it is found that there is reasonable ground for believing ...... 1898 is that trial Court has to form "an opinion that there is ground for presuming that the accused has committed offence................" An opinion on the basis of presumption and a finding in a judicial proceeding are two distinct concepts. A finding about commission of offe..Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....lip;……............................Respondents (In both cases) Judgment February 1, 2012. Result: The appeal is dismissed commuting the sentence of death to imprisonment for life. Conversion of the Conviction There is no scope on the part of the High C......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......y who may be affected by the order sought to be made. To say, otherwise, ends of justice cannot defeat the fair justice in a given case. Here in this case,' the victim was brutally killed and the trial Court as well as the High Court Division concurrently found that the appellant Mujibur Ra......ud Hossain J Md. Shamsul Huda J Md. Imman Ali J Muzibur Rahman and others ……………….... Appellants (In Criminal Appeal No.3 ..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....nd the leave petition are dismissed. A mutawalli cannot grant lease of any part of waqf property in perpetuity with prior sanction of the Administrator. The language used in this section is so explicit that the mutawalli can exercise the right of transfer by way of lease for a period excee......t;. 21. According to the established principle of interpretation of statutes, the specific words must apply not to different objects of a widely differing character but to something which can be called a class or kind of object. Where this is lacking the rule cannot apply. Where the words are c......the 2n schedule of land taking advantage of his temporary absence from the suit land. Appellant's defence case in the latter suit is similar to that of his plaint case and vice versa. 4. The trial Court heard both the suits analogously and held that the plaintiff-appellant had no title......p; Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Md. Imman Ali J Kalim Ullah (Md.) and others ...............Appellant Vs. Fariduddin Ahmed…………&h..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Moulana Obaidul Mannan Vs. Moulavi Aminul Hoque, 2012, 41 CLC (HCD)
....ws that this appeal was filed in 1989 and was numbered as Criminal Appeal No.42 of 1989. Subsequently it was renumbered with its present number, possibly on transfer from Comilla Bench, though the reason of such renumbering is not recorded. However, in view of its long pendency for more than twenty-......ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......d marriage without permission of existing first wife against the accused-respondent. It is mentioned that the complainant is the father of the respondent’s first wife. 4. On the above compliant, trial was commenced after framing of charge against the respondent under section 6(5)(B) of the Musl......nvolved: No one appears for either of the parties. Criminal Appeal No.5362 of 1991. Judgment Md. Ruhul Quddus J.- This appeal at the instance of a complainant is directed against judgment and order dated 29.7.1989 passed by the Magistrate of first class, Cox’s Bazar in Complaint Case N..Category: Women and Children | Date: 29 Jan, 2012 | Hits: 169
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....s to why the proceedings of Jhenaidah Sessions Case No.105 of 2008 under section 304A/34 of the Penal Code, 1860 now pending in the Court of Additional Sessions Judge, Jhenaidah should not be quashed so far as it relates to the accused petitioner Khalekuzzaman. 2. The facts relevant for disposa......ll as those referred to by the learned Deputy Attorney General. It must be borne in mind that High Court's extraordinary power under its inherent jurisdiction is a residuary power which cannot be called in aid where alternative remedy is available. Our view lends support from the case of Abdul Q...... facie case against the accused persons and accordingly filed on 27.02.08 Charge Sheet against them under sections 304-A/34 of the Penal Code. After charge-sheet was submitted the accused were put to trial before the court of the learned Additional Sessions Judge, Jhenidah upon charges framed under ......nt: Siddiqur Rahman Miah J AKM Shahidul Huq J Dr. Khalekuzzaman………………………….......Petitioner Vs. The State and another…………………………Opposite ..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....ab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J MN Alam Associated Ltd......... ……………….Appellant Vs. ......n application in the eye of law. It was further argued that since the respondent failed to file the written objection within the period as contemplated under Article 158 of the Limitation Act, the so-called deposit made under section 33 of the Arbitration Act is a nullity as the same has rendered th......rator or umpire for reconsideration upon such terms as it thinks fit. Section 17 is the enabling section which empowers the appellant to prefer an appeal against the judgment and decree passed by the trial Court only on the ground that it is in excess of, or not otherwise in accordance with, th......efined in the Arbitration Act. Order XX, rule 4(2) of the Code requires that judgments of all Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. Section 17 of the Arbitration Act empowers the Court to pronounce..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....s executed accordingly. The plaintiff paid a sum of taka 8, 00,000 (eight lac) to defendant No.2 in 6(six) installments from 1-5-2000 to 2-6-2001. The plaintiff found the flat small in size in comparison with her need. So, defendant No.2 proposed to sell flat No.4/B of the project, 'Primrose' at plo......ot, in any way, affect the said right of the plaintiff, the High Court Division rightly dismissed the appeal concurring with those of the learned Joint District Judge and, as such, no interference is called for with the impugned judgment and decree and the leave petition be dismissed. 13. From ......id the entire consideraÂtion money. 16. From the judgment and decree of the High Court Division, it appears that the learned Judges of the High Court Division concurred with all findings of the trial Court as jotted down hereinbefore on consideration of the evidence on record, both oral and do......bsp; Nazmun Ara Sultana J Md Shamsul Huda J Syed Mahmud Hossain J Md. lmman Ali J Atif Atiq (Md.) and another..........................Petitioners Vs. Nurun Nahar Begum and others...........Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....present accused-petitioner on 17-2-1993 at about 1.00 PM was apprehended with a pistol and 6 cartridges from the crossing point of Road No.14, and Shere Bangla Road of Dhanmondi area by the police personnel who were on petrol duty in that area; with regard to recovery of such pistol and cartridges D......-8-1993 passed by the learned Sessions Judge, Dhaka in Criminal Miscellaneous Case No.946 of 1993 is hereby affirmed. 21. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. 22. The Special Tribunal is directed to proceed with the case in ......cused-petitioner has become a major. 10. Though High Court Division in the cases of Md. Shamim Vs. State, reported in 19 BLD 542 and Monir Hossain Vs. State, reported in 53 DLR 411 held that the trial by the Special Tribunal in respect of an accused who was under 16 years at the time of commiss......D 542; Monir Hossain Vs.State, 53 DLR 411; Abdul Monem Chowdhury @ Monem Vs.Stale, 47 DLR (AD) 96; Mona alias Zillur Rahman Vs. State, 23 BLD (AD) 187 = 9 BLC (AD) 125; Protap Singh Vs.State of Jharkhand, (2005), 3 SCC 551; Umesh Singh Vs. State of Bihar, (2000) 6 Supreme Court Cases, 89. Lawye..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
....136 of 2000 against this defendant-petitioner and others for specific performance of contract. The plaint case, in short, was that the suit land originally belonged to Umacharan who died leaving son Bijoy Sree Barua. That Bijoy Sree Barua while was in possession of the suit land along with......, from the above discussion 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) 231. ......nd and they have been residing therein and the defendant has got no other homestead to reside in. That the case of the plaintiff is absolutely false and as such is liable to be dismissed. 4. The trial court, on consideration of the evidence adduced by both the parties, decreed the suit. 5.......da J Sree Prodip Barua alias Bappi………………………………………..Petitioner Vs. Faisal Madani and another.......................................Respondents Judgment January 15, 2012. ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
.... Nirjatan Damon Case No.79 of 2002 convicting the appellants in both the appeals under section 6(1) of the Nari-o-Shishu Nirjatan Damon Ain, 2000 and sentencing each of them thereunder to suffer imprisonment for life with a fine of Taka 5,000/- (five thousand) only in default to suffer rigorous impr...... Case No.10 dated 9.3.2002. Police, after investigation, submitted charge sheet on 7.5.2002 against both the appellants under sections 6 (1) of the Nari-o-Shishu Nirjatan Damon Ain, 2000 (hereinafter called the Ain). 5. The case, after being ready for trial, was sent to the Nario-Shishu Nirjatan ......, submitted charge sheet on 7.5.2002 against both the appellants under sections 6 (1) of the Nari-o-Shishu Nirjatan Damon Ain, 2000 (hereinafter called the Ain). 5. The case, after being ready for trial, was sent to the Nario-Shishu Nirjatan Damon Tribunal, Jhenaidah and was registered as Nari-o-......Appeal No.1285 of 2005 And Jail Appeal No.1286 of 2005. Judgment Md. Ruhul Quddus J.- These two appeals under section 420 of the Code of Criminal Procedure are directed against judgment and order dated 27.9.2005 passed by the Nari-o-Shishu Nirjatan Damon Tribunal No.2, Jhenaidah in Nar..Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....¦.Opposite-Parties Judgment January 10, 2012. Result: The Rules are discharged. Cross-cheque/ Account Payee cheque as negotiable instrument Cross-cheque/ Account Payee cheque is also cheque as contemÂplated in section 138(1) of the Negotiable InstruÂments Act but only changes i......ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......1)(b) of the Negotiable Instruments Act but the accused-petitioner did not respond for which having no other alternative the complainant-opposite-party filed all these CR cases in order to secure the trial of the accused-petitioner for committing the offence punishable under section 138 of the Negot...... Division (Criminal Miscellaneous Jurisdiction) Present: Md. Anwarul Hoque J Md. Mozibur Rahman Miah J Mohammad Ali…………………………….Accused-Petitioner Vs. State and another………………………………….Opposite-Parties Judgment January 10, 2012...Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... Amenah Begum Ali Ispahani owned and possessed the same by way of a registered deed of lease dated 18.06.1966 executed between herself as lessee and the Dhaka Improvement Trust (now RAJUK), as the lessor. The lessee constructed a single storied building upon the said plot. On 18.12.1986 Amenah Ispah...... 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. ......Suit No.4 of 1998. Both the First Appeals were heard analogously by a Division Bench of the High Court Division which by the impugned judgment and decree dated 07.07.2004 reversed the decision of the trial Court, allowing both appeals holding that the termination notice dated 29.07.1996 of the plain...... the appeals) Judgment January 10, 2012. Result: The appeals are allowed. Cases Referred to- 5 BLD (AD) 51;Civil Petition for Leave to Appeal No.360 of 2000;Manjunath Anandappa Urf Shivappa Hanasi vs.Tammanasa and others 10 SCC 390; Hajee Saru Meah Sowdagar and another..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....l Petition for leave to appeal has been directed against the judgment and order dated 21.01.2010 passed by a Single Bench of the High Court Division in Civil Revision No.185 of 2008 making the rule absolute. 2. The facts necessary for disposal of this civil petition for leave to appeal are as f......w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......suit land. 6. The defendant No.14 also entered appearance and filed written statement supporting the case of the plaintiff. But ultimately this defendant No.14 did not remain present during trial, of the suit and did not adduce any evidence in support of his pleading. 7. The defendant......Huda J Md. Amzad Hossain Parag………………………………………...Petitioner Vs. Md. Saiful Islam and others....................................Respondents Judgment January 9, 2012. ..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)
.... 4. After conclusion of investigation, the Investigating Officer submitted Charge-sheet No.89 dated 30.08.2003 under sections 147/148/149/448 /323/307/380/427/302/114/324 of the Penal Code and also submitted another Charge-Sheet No.89(ka) under sections 3/4 of the Explosive Substance Act agains......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. ...... the Penal Code and also submitted another Charge-Sheet No.89(ka) under sections 3/4 of the Explosive Substance Act against the accused-persons including the accused-petitioner. The case proceeded to trial before the sessions Judge, Madaripur and charge was framed on 5.11.2005 under sections 302/326......an Ali J Md. Shamsul Huda J Shamsul Haque Hawlader……………………………..Petitioner Vs. Government of Bangladesh and Others……………Respondents Judgment January 5, 2012. ..Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92
Anti-Corruption ComÂmission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
....tion 526 of the Code for transfer of the case from the Divisional Special Judge, Barisal to any other Judge of Dhaka Division or any other jurisdiction. The grounds, on which transfer of the case was sought, were that the Public Prosecutor who had been prosecuting the case on behalf of the Durniti D......ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ......ntion of Corruption Act, 1947. Eventually, the case was transferred to the Court of Divisional Special Judge, Barisal for disposal and was registered as Special Case No.7 of 2009. It appears that the trial of the case had already commenced and after examination of as many as 23 prosecution witnesses......(Criminal) Present: Md. Muzammel Hossain CJ Md. Imman Ali J Md. Shamsul Huda J Anti-Corruption Commission....................Petitioner Vs. AKM Shamim Hasan and another............Respondents Judgment January 2, 2012. Result: This Leave ..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
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