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Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
....liberation 1971. The petitioner before going on LPR lastly served as an Assistant General Manager, Narayangonj Branch, Pubali Bank Ltd. 3. The Hon'ble President of the country in exercise of power as provided in Article 93(1) of the Constitution of the People's Republic of Bangladesh pr......………..Petitioner Vs. Pubali Bank Ltd and others...............Respondent Judgment March 13, 2011. Result: The Rule is discharged. Cases Referred to- MH Chowdhury Vs. GM, Titas Gas Transmission and Distribution Co. Ltd. 1981 BLD (AD) 61; Baj...... Writ Petition No. 6017 of 2010. Judgment Farah Mahbub J.- In this Rule, issued under Article 102 of the Constitution of the People's Republic of Bangladesh, the respondents have been called upon to show cause as to why the impugned office order vide memo No. PBI/N.GONJ/ Release Orde...... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....1999, in the 52nd meeting of the Board, the issue of retirement of the petitioner was raised. The Board held a discussion with reference to Section 14(1) of the Ordinance, and resolved that since the power of appointment of the Managing Director had been vested in the Board, and since the petitioner......inancial Institutions Division, Ministry of Finance and others …………… Respondents Order March 8, 2011. Result: The writ petition is summarily rejected. Case referred to- United Commercial Bank Ltd and another Vs. Rahimafrooz Batteries and others, 7 BLC (AD) 73.......nt workers (সকল স্থায়ী কর্মী) of Grameen Bank appointed in Bangladesh; provided that to whom the regulations shall not apply, if any provision of the regulations is specifically mentioned therein as their terms and conditions of service to that extent of the regulations s......ank, shortly the Board, by a letter dated 14.08.1990 requested Bangladesh Bank to accord approval of the petitioner’s appointment under Section 14(1) of the Ordinance stating that the Board, in its meeting held on 13.08.1990, had, pursuant to Section 14(2) of the Ordinance, unanimously decided to ..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
Kazol and others Vs. State, 2011, 40 CLC (HCD)
....e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ...... State ……………………………………………...Respondent Judgment March 2, 2011. Lawyers Involved: AKM Shamsuddin, Advocate-For the appellants. Bashir Ahmed, Assistant Attorney General-For the respondent. Criminal Appeal No. 512 of 2007. Judgment AKM Asaduzzama......e managed today if he is willing to go Dhaka with Tk.5, 000.00 (Five thousand) and accordingly the father of the informant came to their shop and 11.00 A.M. Kazol and Shazol came to the said shop and call him and start towards Dhaka with Taka 5,000.00 (Five thousand); thereafter he did not return ho......e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 2 Mar, 2011 | Hits: 48
....onclusive and binding on all parties to the contract. Admittedly in the instant case arbitration shall be governed by the Arbitration Act, 2001. Section 10 of the Arbitration Act, 2001 envisages power of the Court to stay illegal proceedings where there is an arbitration agreement between ......titioner
Vs.
M/s. Abdul Mannan and anothers.................Respondents
Judgment
February 23, 2011.
Result:
These leave petitions are dismissed.
Cases Referred to-
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation, 8 MLR (AD) 4 = 55 DLR......tion clause referred to above and inadmissibility of the photocopies of note sheet of the tender file in evidence which resulted in an error in the decision occasioning failure of justice and thus it calls for our interference. The Rules, therefore merit consideration."
24. In view of the ......ation thereof, we do not find any merit in these two leave petitions.
Accordingly, these leave petitions are dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 86.
..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
....itional evidence to be adduced subject to the limitations or restrictions provided in the rule 27 of Order XL of the Code of Civil Procedure, 1908 and such admission should not be encouraged and power to admit additional evidence should be sparingly used. What the limitations are-have also been......Court
High Court Division
(Civil)
Present:
ABM Khairul Haque CJ
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Hussain Fabrics Ltd. Represented by its Managing Director and another………….Petitioners
Vs.
Haji Momena Khatun and oth...... record and come to the conclusion that there is apparent some inherent lacuna or defect which hinders the due administration of justice. If it comes to this conclusion, then it has the power to call for additional evidence subject to the condition that it must record its reasons for doing......ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
.... a specific recommendation on 6.3.2002 for restoring the order dated 13.11.2001 passed by the Settlement-Officer in appeal cases. 7. On 17.3.2002, the Settlement-Officer, by exercising his special power and authority under Rule 42 of the Tenancy Rules, 1955, resorted the judgment and order passed......ebruary 15, 2011. Result: The Rule is made absolute. The proceeding under article 102(2) of the Constitution is a summary one and it is mainly decided on the statements and documents annexed to the writ petition and the affidavit-in-opposition filed by the respective parties. In this summar......tition No.3609 of 2002. Judgment Md. Nazrul Islam Talukder J.- This Rule Nisi was issued on an application under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the order under Memo No. Bhu: Re: 6/2002/1471 d......of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....t for realization of its outstanding dues against the authority of Grameen Samaj Kendra and the said suit was decreed ex-parte beyond the knowledge of the trust authority; that Shankar Basu was not empowered to mortgage the suit and as per will, the defendant Nos.1-3 in connivance with each other cr......………..Respondent Judgment February 9, 2011 Result: The Rule is discharged of. Artha Rin Adalat Ain, 2003; Section 32 The party (plaintiff-petitioner) took a wrong way to ventilate his grievances, other than the recourse prescribed by specific provisi...... Respondents Civil Revision No. 2689 of 2010 Judgment Sheikh Abdul Awal J.—This Rule was issued on an application under section 115 of the Code of Civil Procedure calling upon the opposite party Nos. 1-7 to show cause as to why the impugned judgment and order dat......rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53 ..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
.... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ...... Judgment February 3, 2011. Result: The Rule is discharged. Lawyers Involved: Meah Mohammad Kausar Alam, Advocate—For the Petitioners. Md. Sohrowardi, Deputy Attorney-General—For the State-Opposite-Party. Hossain-al-Amin, Advocate—For the Oppo......tate-Opposite-Party. Hossain-al-Amin, Advocate—For the Opposite-Party No.2. Criminal Miscellaneous Case No.5422 of 2010. Judgment Md. A Wahhab Miah J. - This Rule was issued calling upon the opposite-parties to show cause as to why the impugned proceedings of CR Case N......aint before the Chief Metropolitan Magistrate, Dhaka alleging, inter alia, that the accused-petitioners are the Directors of a private Limited company named Mikado products private Ltd who in a board meeting of the company held on 30-11-2003 authorized accused-petitioner No.1 to do all acts on behal..Category: Others | Date: 3 Feb, 2011 | Hits: 4
.... same. The report, in particular, refers to another step taken by the government through inclusion of section 509 of the Penal Code 1860 in the Schedule to the Mobile Court Act, 2009— thereby empowering the Executive Magistrates to punish the offenders / eve teasers on the spot.
5. By the......
(Special Original Jurisdiction)
Present:
Md. Imman Ali J
Sheikh Hassan Arif J
Bangladesh National Women Lawyers Association (BNWLA), represented by Salma Ali, Executive Director of BNWLA, Monico Mona Tower (1st & 2nd Floor), 48/3, West Agargaon, Shere Bangla Nagar, Dhak......ting in several suicides by the victim girls, killing of their relatives or other people who try to protect the victims from any attempt by the perpetrators of such menace. The sordid incidents of so called “eve teasing” have been taking place with numerous frequency all over the country...... General, appearing for respondent No. 2, on the other hand, submits that some effective steps have already been taken by different Ministries and law enforcing agencies pursuant to the decision of a meeting held on 04.11.2010 chaired by the Chief Secretary to the Prime Minister and another Inter-Mi..
Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....t to the provisions of this Constitution The expression "subject to the provisions of this Constitution" in Article 124 of the Constitution indicates that the object of Article 124 is to empower the Parliament to make any law making provision with respect to all matters relating to or in......Chowdhury.......................Petitioner Vs. Chief Election Commissioner and others..........Respondents Judgment January 23, 2011. Result: Civil Petition for Leave to Appeal is dismissed. Words and Phrases Amendment and Amendment of a statute. ......a false step in procedure makes an administrative act just as illegal as does a flagrant excess of authority. Unless the courts are able to develop doctrines of this kind, and to apply them energetically, they cannot impose limit on the administrative powers which Parliament confers, so freely, o......judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
....n Parents Forum for Meaningful Education and Another Vs. Union of India and another, AIR 2001 (Delhi) 212. The case concerned Rule 37(1) (a) (ii) and (iv) of the Delhi School Education Rules, which empowered teachers to impose corporal punishment. Striking down the said Rule, a Division Bench of the...... High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Hassan Arif J Bangladesh Legal Aid and Services Trust (BLAST), represented by its Deputy Director (Legal Aid), Farida Yeasmin and another…………….........Petitioners Vs. Secretary......terest litigation for securing the rights of the most marginalised and discriminated persons of the community. Rule Nisi was issued on 18.07.2010 in the following terms: Let a Rule Nisi be issued calling upon the respondents to show cause as to why; i) the impugned actions being the alleged ......irection upon the Director General (DG) of Secondary and Higher Education Directorate to inquire into the cases mentioned in the Rule and to report on an urgent basis. Also produced was a notice of a meeting to be held on 29.08.2010 with the view to drafting guidelines with regard to prevention of c..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
....sum so adjudged from the date of the decree to the date of payment. Purpose of this section has been expressed in a complex sentence, and if it is simplified, it will show that the court has got power to award interest for three distinct periods-(l) the period from the date a sum is payable to ......gstha Order (PO 128 of 1972); Article 33(1)(d)
The High Court Division concurred with the decision of the trial court excepting that the awarding of interest of Taka 33 lakh for the period prior to the institution of the suit was not interest, but compensation in the form of interest. Interest ......ondent No.5, builder encashed payment of second installment. PW 1 in cross-examination stated that after importation of the engines they came to know that these were second-hand engines and then they called explanation from the respondent No.5 and in reply, the respondent No.5 stated that with the a......rther compensation calculated at the rate of bank interest prevalent at the time of the institution of the suit.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 66.
..
Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ult: The Rule is discharged. Applicability of the principle of 'locus penitentiae' under Section 21 of the General Clauses Act- The authority competent to make an order has the power to undo the same; but the order cannot be withdrawn or rescinded once it has taken legal effec......December 9, 2010 Result: The Rule is discharged. Applicability of the principle of 'locus penitentiae' under Section 21 of the General Clauses Act- The authority competent to make an order has the power to undo the same; but the order cannot be withdrawn or rescinded once......o. 1. MK Rahman with AKM Asiful Hague, Advocates— For the Respondent Nos. 2-5. Writ Petitioner No. 5537 of 2009. Judgment Moyeenul Islam Chowdhury J.- A Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order of the respondent No. 2...... the authority concerned for review of the impugned order dated 19-11 -2008 and to allow them to prosecute their studies in the university. But the Syndicate rejected their review applications in its meeting held on 27-12-2008 affirming the earlier order dated 19-11-2008. The decision of the S..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
Syed Wahid Iqbal Vs. Bangladesh, 2010, 39 CLC (AD)
....he Registrar of Co-operatives will form and appoint the Election Committee for holding the election of the Central Shamabay Samity. The respondent No.4-District Co-operative Officer, Tangail has no power to for holding election of Tangail Central Co-operative Bank Ltd. for 2008-2010 and the for......ah-al-Mamun, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondent No.6. None Represented—For the Respondent Nos.1-5 & 7-9. Civil Petition for Leave to Appeal No.560 of 2010. (From the judgment and order dated 06.10.2009 passed by the High Cou......not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 308; 21 BLT (AD) (2013) 309. ......not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 308; 21 BLT (AD) (2013) 309. ..Category: Civil Law | Date: 6 Dec, 2010 | Hits: 5
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....d the application and relevant Annexure annexed thereto. 20. Section 561A of the Code of Criminal Procedure contemplates that nothing in this Code shall be deemed to limit or affect the inherent power of the High Court Division to make such orders as may be necessary to give effect to any order...... the alleged abetment of the petitioner without any supporting incriminating materials on record cannot be sustained at all. It seems that the implication of thepetitioner in this case as an abettor as found by the Anti-Corruption Commission during the investigation of the case is predicated up...... predicated upon conjectures, surmises and speculations. Her involvement in the case as an abettor entails a journey into the minds of the Investigating Officers concerned, an exercise fraught with uncalledfor and unwarranted consequence. Having regard to the facts and circumstances of the case, it ......ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....uch circumstances, the petitioner is not required to deposit 25% of the deccretal amount and section 32 (2) of the Ain, 2003 would not apply in this case. Section 57 of the said Ain gives inherent power to the Artha Rin Adalat to pass necessary order to meet the ends of justice and therefore, the......um…………………………………………...Petitioner Vs. The Artha Rin Adalat, Narayangonj and others….............. Respondents Judgment November 11, 2010. Cases Referred to- Victor Rodrix and others Vs. The 4th Artha Rin Court, Dhaka and others; Md. Delwar Hossain Vs......xecution of a mortgage decree passed by the Artha Rin Adalat, Narayangonj in Mortgage Suit No. 72 of 1996. She rushed to the Court on 23.2.2010 and obtained an information slip, from which she specifically learnt that respondent No.2 (IFIC Bank Ltd., B B Branch, Narayanganj) had obtained a mortgage ...... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....personally affected. The public wrong or injury is very much a primary concern of the Supreme Court which in the scheme of our Constitution is a Constitutional vehicle for exercising the judicial power of the people." 14. B.B. Ray Chowdhury J. while endorsing those arguments added as under:......010. Result: The appeal is dismissed with the observations. The Constitution of Bangladesh, Article 102. A Petition of Public Interest Litigation In considering a petition as PIL it is to be seen that where there is undoubtly public injury by the act or omission of the functionary of ......continent the concept of PIL has been developed in India in 1970 for vindicating the interest of common people to protect their fundamental rights and other related rights who are socially and economically disadvantaged, not conscious to their basic rights, even if they are conscious but due to pa......cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)
....sposed of in accordance with the same observation and findings. 8. We have gone through the grounds taken in the application for quashment. It is stated that the Bank authority has no power to start a criminal case against the employee of the Grameen Bank for the purpose of reco......ase No.155598 of 2009. Judgment Khondker Musa Khaled J. - On an application under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite-parties to show cause as to why the proceedings of CR Case No.54 of 2008 under section 408 of the Penal......ate) Criminal Miscellaneous Case No.155598 of 2009. Judgment Khondker Musa Khaled J. - On an application under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite-parties to show cause as to why the proceedings of CR Case No.54 of 2......ccordance with the aforesaid Rules, 2007. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114 ..Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....a Council were the custodian of the Muktijoddha Council, at he instance of the then Vice-Chairman (at present Chairman) Md. Kabir Ahmed, without any organization's approval by abuse of their powers withdrew Taka 50,00,000 (Taka fifty lakh) from the said Bank account vide Cheque No. 1474231 ......inal Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Redwan Ahmed................Petitioner Vs. Bangladesh..............Respondents Judgment October 25, 2010. Result: The Rule is discharged. Cases Referred to- Md. Nazimuddi......han, Advocate - For the Respondent No.3. Writ Petition No. 9365 of 2007. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioner Redwan Ahmed, this Rule Nisi was issued calling upon the respondents to show cause as to why the proceeding of Metro Bishesh Case No.133 of ......and his Lordship repelled the argument holding: "The next contention of Mr. Ajmalul Hossain is that the sanction in the instant case is coram non judice as it was accorded by the NBR in its meeting presided over by its Chairman who was not a member of theBoard and further, that the sanctio..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
State Vs. Secretary, Ministry of Home Affairs (II), 2010, 39 CLC (HCD)
.... Chief Judicial Magistrate. Let a copy of this judgment be communicated to the respondents at once. Obaidul Hassan J. - I agree. This case is also Reported in: 8 LG (2011) HCD 293. ......................................Petitioner Vs. The Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others ......................Respondents Judgment October 25, 2010. Result: The Rule is disposed of with observations. Cases Referred ......s provided for the purpose of housing women and female children. However, we do not find that there are any “safe home” or places of safety provided for male children throughout the country. We recall that in the judgment in the case of State Vs. Secretary, Ministry of Law, Justice & Parliam......uo Motu Rule the number of the children held within the prisons was reduced from around 1200 to around 121. However, the effectiveness of the taskforce appears to have dwindled, inasmuch as it is not meeting regularly as mandated. Mr. Manzill Murshid pointed out that the last meeting of the taskforc..Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141
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