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Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
.... case should be resolved there. If the party which initiated the case fail to prove the case, then the aggrieved person shall have the liberty to lay their claims e.g. on the seized gold before the proper authority under the relevant law. In such instances, the High Court Division should not ente...... Md. Muzammel Hossain CJ SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Shamsul Huda J Government of Bangladesh and others........Appellants Vs. Md. Badal and another……………………………R......the Baggage Rules, 2000, in short, the Baggage Rules. Respondent No.4, Mobara Khanum, Assistant Commissioner of Customs who was on duty at the relevant time demanded excess money over and above the legal customs duty from the petitioners and said Abul Hossain and she refused to assess the custom..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)
.... Secretary Mr. Padmakesh Deb and others praying for declaration of their title in the suit land and for permanent injunction and also for declaration that the settlement of the suit land as enemy property in favour of the defendant No.3 by the defendant No.2 was illegal. 4. The case of th......mmel 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 Abdul Gaffar and others..............................................Petitioners Vs. Sree Sree Radha Ma......r title in the suit land and for permanent injunction and also for declaration that the settlement of the suit land as enemy property in favour of the defendant No.3 by the defendant No.2 was illegal. 4. The case of the plaintiffs, in short, was that Sree Sree Radha Madhab Jew Deity the d..Category: Property Law | Date: 16 Apr, 2012 | Hits: 72
Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
.... Result: The petitions are disposed of. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XL, Rule 1 Appointment of receiver in a suit for partition It is not proper to appoint a receiver in a suit for partition. Mere existence of a dispute cannot be a groun......na & others..................Petitioners (In Civil Petition No. 94 of 2010) Md. Habibur Rahman & others ..........Petitioners (In Civil Petition No. 397 of 2010) Vs. Ayub Ali and others.........................................Respondents (In both the Cases) Judgment ......appellate Court took into consideration the findings arrived at by the trial Court in detail and came to a finding that appointment of receiver by the trial Court without hearing the other side was illegal and as such the ex-parte order could not sustain. The appellate Court also noted that the prop..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....d by the Senior Assistant Judge, Sadar, Mymensingh in Small Cause Court Suit No.7 of 1996 should not be set-aside 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 are that the plaintiff of the suit is the pe......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Monsur Hossain (Md.)........................Petitioner Vs. Rahima Khatun and others…………………Opposite-Parties Judgment ......yance to occupiers of adjoining or neighbouring premises, or (d) Where the tenant has been using the premises or part thereof or allowing the premises or part thereof to be used for immoral or illegal purposes, or (e) Where the premises are bonafide required by the landlord either for purp..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
....ricted item and made representations to the Commissioner of Customs, Customs House (Import), Chittagong on 12-4-2009 and 22-4-2009 for permission to melt the goods in his furnace in presence of the proper authority. He further submitted that the goods having been imported under mis-declaration an......General, instructed by Md. Zahirul Islam Advocate-on-Record—For the Appellants. Sufia Khatun, Advocate-on-Record—For Respondent. Civil Appeal No. 478 of 2009. (From the judgment and order dated the 7th day of May, 2009 passed by the High Court Division in Writ Petition No.2775......ke, drum, oil tank, etc. and those are usable in the present condition and restricted list of the Import Policy order 2006-2009." The customs authority held up the delivery of the imported goods on legal grounds and started departmental proceedings in accordance with law. The importer made rep..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)
....tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ...... Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others………………………Petitioners Vs. Md. Abdus Sattar and others.................... records were not clean enough, the embargo on their promotions were placed to ensure the high degree of integrity and professionalism in the force, which is not unreasonable or in conducive to the legal norms, major punishments are awarded by following due process of law, and the writ petitione..Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120
Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)
....ed him as party in the suit contending inter alia that the submission of the plaintiff petitioners that when the deed in question was registered the added defendant was minor and he did not claim the property within 3 years from the date of attaining his majority and, as such, he cannot be added as ......on (Civil) Present: Surendra Kumar Sinha J Md. AWahhab Miah J Md. Imman Ali J Md. Shamsul Huda J Palash Barua & others ...............Petitioners Vs. Anil Kumar Barua and others............Respondents Judgment April 9, 2012. Result: The Petition is dismis......d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ..Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30
....
19. Accordingly, this leave petition is disposed of in the following terms:
(a) Respondent No.1, Exim Bank Ltd. is directed to call and hold 9th AGM afresh to transact Agenda No.4 by giving proper notice by 30th June, 2012 and then to call and hold 10th, 11th and 12th AGMs by 31st August, ......urt
Appellate Division
(Civil)
Present
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Muhammad Imman Ali J
Md. Mazakat Ali Harun and Others……………………….Petitioners
...... as to why the holding of the 10th AGM of respondent No.1, EXIM Bank "without holding and completion of 9th AGM by electing its Directors of the Board of Directors should not be declared to be illegally done and impractible to call the 10th AGM of respondent No.1 bank, namely, Export-Import Ban..
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
.... leave to appeal. 8. Mr. Sk Zulfiqur Bulbul Chowdhury, learned Counsel appearing for the petitioners in both leave petitions, has submitted that the High Court Division failed to appreciate in its proper perspective that the 6 (six) signed postdated blank cheques involved in the respective case......Ali J Md. Shamsul Huda J Majad Hossain…………………………Petitioners Vs. The State…………………….. Respondents (In Criminal Petition No. 364 of 2010) M.A. Hossain and Others…………Petitioners Vs. The State…………………….. Respondents (In Cri......ayment of dues, when the cheques were presented to the Bank for encashment, those were dishonoured on 04.10.2007 for insufficiency of fund in the account of the drawer (the petitioner). Thereafter, a legal notice was issued to the accused-petitioner on 31.10.2007 demanding payment of money of those ..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
...., the Bank filed Title Execution Case No.160 of 2003 and the execution case was disposed of by issuing a certificate under section 33(5) of the Ain for khas possession and right to sell the mortgaged property in favour of the Bank on 24-2-2008. Thereafter the Bank filed Title Execution Case No.132 o......ourt High Court Division (Special Original Jurisdiction) Present: Zinat Ara J JBM Hassan J ABC Attire Ltd………………….......Petitioner Vs. Bangladesh and others……………...Respondents Judgment April 4, 2012. Result: The rule......ত্র নং ৪১ আই টি এফ ডি/রপ্তানী/গার্মেন্টস/১০৭৮dated 22-9-2010 (Annexure-E to the Writ Petition) and thus unlawful and is of no legal effect. 3. Material facts necessary for disposal of the case are as follows:- The p..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
.... delay of two months and twenty days from the date of occurrence and this casts a serious doubt about the creditability of the prosecution story. He next submits that the learned tribunal has not properly complied with the provisions of 342 of the Code of Criminal Procedure in, as much as, atten...... Vs. Monu Miah, 54 DLR (AD) 60. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the appellant. AKM Zahirul Huq, Deputy Attorney-General with Mr. Bibhuti Bhuson Biswas, and Mozammel Haque (Rana), Assistant Attorney-General - For the State. Criminal Appeal No......ons cited by the learned advocate for the appellant is liable to be distinguished in the facts and circumstances of this case. Accordingly, he maintains that the impugned Judgment suffers from no illegality or infirmity and the prosecution has been able to prove its case beyond reasonable doubt, h..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....li and Toyeb Ali as his heirs and they inherited the same. Kolom Miah got an area of 18 decimals of land in C.S. plot No.167 vide an amicable partition and Jobed Ali and Toyeb Ali got the rest of the property in their shaham. Thereafter, Kolom Miah transferred an area of 18 decimals of land in the C...... J M/S. Talukder Chemicals Limited, represented by its Managing Director, Mozzamel Haque Talukder alias H.M. Talukder…..........Plaintiff-appellants Vs. Government of Bangladesh and others…………............Defendant-respondents Judgment April......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)
....no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......urt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Soumendra Sarker J Md. Ruhul Quddus J Md. Mostafa………………………Petitioner Vs. Bedena Khatun and another………………………Opposite Parties Judgment April 1, 2012. Result: ......an Damon Tribunal by his order dated 28.9.1996 as he found the offence triable by the Tribunal. The accused-petitioner did not challenge the said order. Under this uncommon circumstance, there was no legal requirement on the part of the victim-complainant to approach the police for lodgment of a fir..Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158
Anti-Corruption Commission Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
....1) 2011 under section ২(ট)(অ)/৪(২) of the Money Laundering Protirodh Ain, 2009 should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts of the case, in short, are that one Md. Towfiqul Islam, Assistant Director, An...... Judgment Md. Reazul Haque J.- On an application under section 561A of the Code of Criminal Procedure, Rule was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 14-6-2011 passed by the Metropolitan Sessions Judge, Dhaka in Metro Criminal Revisio......hurshid Alam Khan, the learned Advocate appearing on behalf of the Anti-Corruption Commission petitioner has submitted that the opposite Party No.1 without approval of the Bangladesh Bank illegally has been carrying banking transactions and by virtue of the said transactions comm..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
....ourt Division but it did not refer and discuss them. It noticed the above judgment of this Division. Anyway, in presence of a judgment of this Division on the same subject matter, we feel it not proper to consider the other judgments of the High Court Division, if there be any.
6. In that ......
Rokonuddin Mahmud, Senior Advocate with Mahbub Ali, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record—For Respondents.
Civil Appeal No.59 of 2011.
(From the judgment and order dated 23-11-2009 passed by the High Court Division in Writ Petition No.7625 of 2009).
...... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 113.
..
Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151
Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)
....espondent Nos.2-19, on the other hand, supports the impugned judgment and order. He further submits that the High Court Division has inherent jurisdiction to set aside its own judgment and order in a proper case and that the present case being an exceptional one the High Court Division exercised its...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Mokbul Hossain Mridha and others........................Appellants Vs. Md. Shamsul Haq Sarder and others..............me land of Nasir Uddin was made khas whereupon Nasir Uddin filed other Class Suit No. 469 of 1977 and obtained an ex-parte decree on 16-2-1980 and accordingly the forfeiture order was declared illegal. Soon after Nasir Uddin died leaving seven sons, defendant Nos.1, 5-10, four daughters, defend..Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88
Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)
....ection 247 of the Code of Criminal Procedure has empowered the Magistrate to acquit the accused if the complainant fails to appear on the day of hearing of the case, unless for some reasons he thinks proper to adjourn the hearing of the case to some other day. ............ (11) Section 24...... ......r case, fresh petition of complaint can not be a bar under any law. And as such it can be said that in passing the impugned judgment and order the learned Sessions Judge did not commit any error or illegality ............. .......................(9) Non-appearance of complainant lea..Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7
....slam and Mr. Saiful Islam and they were shown as the directors of the company on 30.03.2006. The defendant No.2 in collusion with defendant Nos. 3-6 created some false documents to misappropriate the properties of the Mill. The plaintiff’s post as Managing Director was shown vacant under secti......zzaman Khan………………………….....Plaintiff-Appellant
Vs.
Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other …................Defendant-Respondents
Judgment
March 19, 2012.
Resu......iving of the plaintiff from his due share as major share holder of the company. The defendant Nos.2-6 collecting rents from the tenants of the Mill, at the rate of Tk. 12,000/- per months, which is illegal and unauthorized. The plaintiff is the managing Director of the Company. But the defendant No...
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
....vour of the defendant No.1, Azizul Islam, who also instituted Title Suit No.225 of 1983 renumbered as Title Suit No.89 of 1999 for declaration of title and recovery of khas possession of the suit property. The plaint case of the plaintiffs is the defence case in the other suit and vice versa. Ro......sent: 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 Md. Nurul Islam Khan and others...................Petitioner (In both the cases) Vs. Azizul Islam and others......... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
.... 2545 dated 22-1-1975 and 27-1-1975 transferred the suit land to plaintiffs. After purchase, plaintiffs mutafed their names and sold some land to some other persons. Defendant No.1-5 treated the suit property as enemy property, served notice for eviction, whereupon plaintiff filed Writ Petition No.5......) (2013) 124. ......osition that plaintiffs are in possession for more than 40 years and this possession is by registered document which has presumptive value and defendant entry to the suit land having not been through legal process trial court ought to have decreed the suit. Learned Advocate further submits that plai..Category: Others | Date: 18 Mar, 2012 | Hits: 5
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