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....his Court on 04.05.2002 was pleased to issue a Rule Nisi in the following terms:
“Let a Rule Nisi issue calling upon the respondents to show cause as to why the impugned judgment and order dated 31.07.2000 passed by the respondent No. 2 as contained in Annexure I to the writ petition shou...... abandon property ‘Ka’ list, published in the official Gazette at page 976 (ka). It has further been stated that on 22.11.1983 the section officer of the Ministry of Public Works served a notice upon the petitioners for showing the original deeds and also served similar notice on 08.04.1......ng as published in the Bangladesh Gazette Extra Ordinary on 23.09.1986 and pass such other or further order or orders as to this Court may seem fit and proper.”
2. Relevant facts necessary for disposal of this Rule, in brief, is that, the predecessor-in-interest of the vendor of the petit..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)
....s it stands. Provision of section 48 of the Ain mandates only to take into account the time for disposal of the case which relates only those days spen......ce of the petitioner, Finix Sweater Bangladesh Ltd. this Rule was issued in the following terms:- "Let a Rule Nisi be issued calling upon the respondents to show cause as to why the auction notice dated 26-7-2012 passed by the Artha Rin Adalat No. 4, Dhaka in Execution Case No. 36 of 2012 ......;……….Petitioner Vs. Judge, Artha Rin Adalat & others..............Respondents Judgment May 25, 2015. Result: The Rule is discharged. Timing for Inviting Tender for Auction— Section 33(1) has allowed 15 days time for inviting tend..Category: Banking Law | Date: 25 May, 2015 | Hits: 0
Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)
....ners. (In both the petitions). None Represented—For Respondents. (In both the Petitions) Civil Petition for Leave to Appeal Nos. 342 and 327 of 2011. (From the judgment and order dated 5-8-2010 passed by a Division Bench of the High Court Division in Writ Petition No. 8493 of 20......atriotic songs, the first item is the National Anthem of Bangladesh. 4. Upon publication of the aforesaid advertisement, the writ-petitioner, as a patriotic citizen of the country, issued a notice demanding justice on 17-8-2006 addressed to the concerned Ministries for withdrawal, cancella...... with an almost mystical reverence regardless of what sort of social, political or philosophical beliefs they may have. Commercial use of national anthem amounts to its desecration. There is no scope for commercial use of the national anthem. Such commercial use of national anthem shows utter disres..Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....1 of 2012 Judgment Ashish Ranjan Das J.— This Criminal Appeal at the instance of the sole convict Sanjay Kumar Biswas has been directed against the judgment of conviction and sentence dated 19-4-2012 passed in Nari-o-Shishu Case No. 3 of 2003 arising out of Khoksa Police Station Case......hy;ried a 19 years old fully grown up woman on Us shoulder like a heavy article or dragged her like a cattle, to his residence located some 4/5 houses away in the same 'mohulla' without being noticed by others, (ii) The prosecution evidences maintained a complete black out as to where t......sentence dated 19-4-2012 passed in Nari-o-Shishu Case No. 3 of 2003 arising out of Khoksa Police Station Case No. 3 dated 13-9-2002 by the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal, (for short, the tribunal) convicting the appellant under section 9(1) of Nari-o-Shishu Nirjatan Daman..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
....Respondent (In Criminal P. No.374 of 2011)
Mahbubey Alam, Attorney General—For the Respondent (In all the Jail Petitions)
Civil Appeal No.116 of 2010
(From the judgment and order dated 2.3.2010 passed by the High Court Division in Writ Petition No.8283 of 2005.)
With
C...... the killing of women for dowry, abduction of women for prostitution, the abduction of children for trafficking are so rampant which are totally foreign to those developed countries. In some cases we notice the killing of women or minor girls by pouring corrosive substances over petty matters, which......Jail Petitions)
Civil Appeal No.116 of 2010
(From the judgment and order dated 2.3.2010 passed by the High Court Division in Writ Petition No.8283 of 2005.)
With
Criminal Petition for Leave to Appeal No.374 of 2011
(From the judgment and order dated 25.5.2011 passed by the H..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....spondent ((In Criminal Petition No.374 of 2011)
Mahbubey Alam, Attorney General for the Respondent (In all the Jail Petitions)
Civil appeal no.116 of 2010.
(From the judgment and order dated Division in Writ Petition No.8283 of2.3.2010 passed by the High Court 2005.)
With
Cr...... the killing of women for dowry, abduction of women for prostitution, the abduction of children for trafficking are so rampant which are totally foreign to those developed countries. In some cases we notice the killing of women or minor girls by pouring corrosive substances over petty matters, which......of 2010)
Mr. Mahbubey Alam, Attorney General, instructed by Mrs. Mahmuda Begum, Advocate-on-Record- For the Respondent ((In Criminal Petition No.374 of 2011)
Mahbubey Alam, Attorney General for the Respondent (In all the Jail Petitions)
Civil appeal no.116 of 2010.
(From the judg..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
....sh;For the Respondent No. 2. Writ Petition No. 4912 of 2003 Judgment Mohammad Ullah J.— This Rule Nisi was issued calling upon the respondents to show cause as to why the notices dated 10-4-2003 issued under the signature of the respondent No. 4, Charge Officer and Assistant Set...... AAG—For the Respondent No. 2. Writ Petition No. 4912 of 2003 Judgment Mohammad Ullah J.— This Rule Nisi was issued calling upon the respondents to show cause as to why the notices dated 10-4-2003 issued under the signature of the respondent No. 4, Charge Officer and Assis......upon the respondents to show cause as to why the notices dated 10-4-2003 issued under the signature of the respondent No. 4, Charge Officer and Assistant Settlement Officer (Appeal Officer-in-Charge) for re-hearing of Appeal Case Nos. 62948 to 62951 all of 2002 (as contained in Annexure-I, I-1, I-2,..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
State Vs. Abdus Salam and others, 2015, 44 CLC (AD)
....nt. Khondaker Mahbub Hossain Senior Advocate instructed by M Ashrafuzzaman Khan, Advocate- on-Record—For Respondent. Criminal Appeal No.62 of 2007. (From the judgement and order dated 31-8-2005 passed by the High Court Division in Criminal Appeal No.2528 of 1997.) Judgment......urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376 ......se is vitiated by some manifest illegality or the conclusion recorded by the court below is such which could not have been possibly arrived by any court acting reasonably and judiciously and is, therefore, liable to be characterized as perverse.......(22) Lawyers Involved: Momtazuddin Faki..Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
....been issued at the instance of the Petitioner calling upon the Respondents to show cause as to why the Notice for auction published in the daily "Inquilab" and "Bhorer Kagoj" both dated 24-1-2013 (Annexures T and 'F-l') shall not be declared to be without any lawful autho......ements etc. attached thereto or appurtenance to the property. 4. It is pointed out by the Petitioners that in the schedule above quoted no plot number has been mentioned. But in the auction notice published under section 33(4) of the Ain in the daily "Inquilab" and "Bho......d others.....................Respondents Judgment April 27, 2015. Result: The Rule is discharged. The Auction Purchaser Acquired a Legal Right as Auction Purchaser for Valuable Consideration— Once the auction is complete no relief is available against s..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
....2-2013. Accordingly, by prescription in section 81(1) of the Act it was incumbent upon the Company to hold the 7th AGM no later than 28-5-2014 i.e. within a period of fifteen months computed from the date of the 6th AGM. However, citing inadvertence in so duly holding the 7th AGM and attributing the......upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
......
Writ Petition No. 7647 of 2013.
Judgment
Syed Refaat Ahmed J.— This is an Application under section 81(2) read with section 85(3) of the Companies Act, 1994 ("the Act") for condonation of delay in holding the 7th Annual-General Meeting ("AGM") of United ..
Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
.... Civil Revision No. 2569 of 2014. Judgment Sheikh Abdul Awal J.— This Rule was issued calling upon the opposite party to show cause as to why the impugned judgment and decree dated 18-3-2014 (decree signed on 25-3-2014) passed by the learned Additional District Judge, 7th Co...... plaint— Court while deciding application about rejection of plaint is not permitted in law to travel beyond the averments made in the plaint although if any certain fact is brought to the notice of the Court, though not specifically mentioned in the plaint or crops up subsequent to the f...... This Case is also Reported in: 67 DLR (HCD) (2015) 317. ..Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
....e context of the 1971 war, g defence could in fact discredit the veracity of P.W.3’s deposition as in (i) cross examination that P.W. stated that the date of occurrence of Charge No.3 was late October, 1971 although the actual date was May, 1971 (ii)......ath sentence, handed down on charge No.4, on the ground that there is nothing in the record to reveal the petitioner’s direct participation in the killing. 11. Mr. Khandakar brought to our notice extracts from a book, titled, “মহিলা মুক্তিযোদ্ধা&rdq...... statutory provisions. As the doctrine of stare decisis does not bind this Division under Article 111 of the Constitution, a review petitioner can not invoke that doctrine. There are authorities for the proposition that fresh evidence, which has bearing on the event under consideration, but des..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
....stry and warehoused in any special bonded warehouse or in any hundred percent export oriented industry, may remain in such warehouse or industry for a period not exceeding forty eight months from the date of warehousing. The customs authority may legally demand the amount of duties, taxes, etc.......The customs authority may legally demand the amount of duties, taxes, etc. chargeable thereon with interest. For the purpose of recovery of unpaid duties, taxes, etc. no previous show-cause notice is necessary, because it is not a penal action .................(19)
Lawyers Involved:
......d under the bonding facilities with all rent, penalties, interest and other charges payable in respect of the goods, if the goods have not been removed from the warehouse within the time allowed for such removal under section 98 of the Act..............(17)
Under sub-sections (1) and (2A) ..
Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....he transaction was a mortgage by conditional sale within the meaning of section 58(c) of the Transfer of property Act and the period of limitation for redemption of such mortgage is 60 years from the date of expiry of years from 21 April 1941. The suit is, therefore, not barred by limitation or in t......g the creditor a real right in the nature of servitude over the property. Ultimately the power of sale was conferred on the pledge, and thus the property became a security for his money. Here we have noticed three distinct stages in the history of Roman mortgage law 'Fiducia', 'Pignus........................Respondents Judgment March 14, 2012. Result: The appeal is dismissed. Sections 95 and 95A are special laws promulgated for the protection of poor tenants, maliks or raiyats from the clutches of the moneyed men or ex-lan..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)
....nt's office (Sonali Bank) when the cheque was dishonoured. According to the contents of the said complaint, the petitioner issued a cheque of Pubali Bank, Khatungonj Branch being No. 9724939 dated 29-11-2012 for an amount of Taka 80,00,00,000 (eighty crore only) in favour of the complainant......he amount of the money of the unpaid/dishonoured cheque(s) on demand by the payee or, as the case be, by the holder in due course of the cheque(s) in writing within thirty days of the receipt of such notice as provided in clauses (b) and (c) respectively of subsection (1) of section 138 of......oceed simultaneously….. .(9) There is nothing in law precluding a criminal case on account of a civil suit pending against the petitioners on the same facts. The criminal case stands for the offence, while the civil suit is for realization of money. Both can stand together.......(12..Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0
Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)
....lant. Biswajit Deb Nath, Deputy Attorney-General instructed by Mahmuda Begum, Advocate-on-Record— For the Respondent. Criminal Appeal No. 59 of 2009. (From the judgment and order dated the 4th day of October, 2007 passed by the High Court Division in Criminal Appeal No.158 of 20......from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ...... Clause (ka) of section 11 does not speak of any hurt grievous or simple, it has prescribed two kinds of punishments (i) sentence of death if anyone causes the death of a ‘নারী’ for dowry and (ii) imprisonment for life if anyone attempts to cause death of a ‘নারী&..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
....f the Constitution of the People's Republic of Bangladesh filed by the petitioner, a Rule Nisi was issued calling upon the respondents to show cause as to why the Memo No.JM Gha-2/95/416(85) dated 14-5-2001 issued by the respondent No.2 so far as it relates to serial No. 8 cancelling the pe......nless it is excluded expressly or by necessary implication by any statute.
16. The basic principle of fair procedure is that before taking any action against a man, the authority should give him notice of the case and afford him a fair opportunity to answer the case against him and to put his o......CD) (2015) 279
..
Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
Sarker and other Vs. Md. Nasibuddin and others, 2015, 44 CLC (AD)
....Kliurshid Alam Khan, Advocate, instructed by Gias Uddin Ahmed, Advocate-on-Record—for the Respondents. Civil Petition for Leave to Appeal No. 489 of 2015. (From the judgment and order dated 8-9-2014 passed by the High Court Division in Civil Revision No.107 of 2000.) Judgment ......ed time from the date of knowledge of the registration of the sale deed. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 210. ......mrunnessa Ratna, Advocate, instructed by Nurul Islam Bhuiya, Advocate-on-Record—For the Petitioners. Kliurshid Alam Khan, Advocate, instructed by Gias Uddin Ahmed, Advocate-on-Record—for the Respondents. Civil Petition for Leave to Appeal No. 489 of 2015. (From the judgmen..Category: Civil Law, Tenancy Law | Date: 1 Mar, 2015 | Hits: 24
Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
.... "Let a Rule Nisi be issued calling upon the respondent No.1 to show cause as to why the Notice for auction under section 12 of the Artha Rin Adalat Ain, 2003 published in the Daily Bhorer Dak dated 10-2-2011 (Annexure-A) and subsequent sale of the property vide registered sale deed No. 2092 ......pondent No. 2 Rupali Bank Limited, Khalishpur Khulna. The petitioner owned and possessed the same land which was mortgaged in favour of the respondent bank in order to secure the credit facilities. A notice under section 12 of the Artha Rin Adalat Ain for selling the property of the petitioner was p......bsp; Result: The Rule is discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 12 & 33(2) The compliance of provision of section 33(2) of Ain for the purpose of section 12 of the Ain even when read with subsection 4, is not at all mandat..Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7
Ali Haider Chowdhury Vs. State, represented by the DC, Dhaka and another, 2015, 44 CLC (AD)
..... Aftab Hossain, Advocate-on-Record—For the Petitioner. None Represented—Respondents. Criminal Petition for Leave to Appeal No. 151 of 2013. (From the judgment and order dated 8-11-2012 passed by the High Court Division in Criminal Miscellaneous Case No. 20499 of 2009) ...... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147. ......d named in the FIR and the charge-sheet. Since the petitioner was engaged in the said transaction and was also a beneficiary of it, a prima facie case of abetment regarding manipulation of the tender for sale of the abandoned property had been disclosed against him in the materials collected by the ..Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16
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