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....h each other violated the tripartite contract and, as such, the respondent No.2 is not liable for money claimed by the appellant. He then submits that the trial Court and the High Court Division have rightly held that the respondent No.2 had no knowledge about payment to the respondent No.5 by the a......ladesh Shilpa Rin Sangstha 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 o......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.
......r 13, 2010.
Result:
The appeal is allowed.
Bangladesh Shilpa Rin Sangstha 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 inst..
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)
.... 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General Clauses Act- The authority competent to make an order has the power to undo the same; but the order cannot be withdrawn or rescinded once it has taken legal effect and certain rights are created in favour of any individual. The power to add to, amend, vary or rescind ava......nd by that reason, they should not be allowed to enjoy its Fruit - In the instant case, it cannot be said that the petitioners had a validly acquired right rather by having recourse to fraud and forgery, they got themselves admitted to the university in collusion with some functionaries thereof......es for a considerable length of time in the university. 13. Mr. Md. Ashad Ullah next submits that the admission of the petitioners to the university is a 'fait accompli' and in all fairness, the university Syndicate should have allowed their review applications rescinding the earl...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
....ned Subordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ...... The facts of the case, in brief, are that the appellants as plaintiffs filed SCC Suit No.4 of 1995 in the Court of Assistant Judge and SCC Judge, Faridpur Sadar against the respondents as defendants for a decree for ejectment. Subsequently, the case was transferred to the Court of Subordinate ......ned Subordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ......are liable to be evicted by giving notice under section 106 of the Transfer of Property Act, 1882 which is attracted in the facts and circumstances of the case. On perusal of the judgment of the trial Court it appears that the learned Judge of SCC Court has found that admittedly the appellants ..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....am Khan next submits that taking the statements made in the charge-sheet against the petitioner together, it leaves no room for doubt that prima facie it is a case of abetment and accordingly she was rightly charge-sheeted and cognizance was taken against her and no exception can be taken thereto as......cated 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 transp......a single witness has implicated the petitioner in the commission of the alleged offence as an abettor under sections 409/109 ofthe Penal Code as is apparent from the record. This being the state of affairs, it cannot be said that the petitioner stands on the same footing with Mr. Ahmed Akbar Sobhan,......r in the case as an abettor has been made in a vacuum………………….(25) Every case is a bundle of facts and those facts will be thrashed out during the trial of the case…………………………(29..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)
....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 ......r any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order, all proceedings of the above mentioned CR Case was also stayed. 3. The relevant facts for disposal of the Rule are that the opposite party No. 2 Md. Rafiqul Islam, Branch Manager, Gramee......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 ......8/420 of the Penal Code after recording initial statementof the complainant under section 200 of the Code of Criminal Proceeding procedure. Thereafter, the Chief Judicial Magistrate sent the case for trial and the accused-petitioner submitted an application under section 241A for his discharge, but ..Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....not have any bearing on the trial which is now pending before the Special Judge, Dhaka. 24. We, therefore, hold that this writ petition does not merit any substance which should be discharged outright. 25. In the result, the Rule is discharged without any order as to cost. However, during ......7 filed under section 409 of the Penal Code 1860, in respect of an offence allegedly committed on 11-6-2002 read with Section 5(2) of the Prevention of Corruption Act, 1947, nowon transfer, pending before the learned Special Judge Court No.2, Dhaka, should not be declared to be without lawful author......e petitioner is a former Member of Parliament elected from the Constituency No.253 Chandina (Comilla-6) for two consecutive terms and a former Minister of State, Ministry of Liberation Welfare Affairs to the Government of Bangladesh. Apart from that the petitioner was holding the position of th...... 7-10-2007, Mahanagar Senior Special Judge, Dhaka took cognizance against the petitioner and co-accused Shah Alam Chowdhury and then transmitted the case record to the Senior Special Judge, Dhaka for trial who registered the same as Metro Bishesh Case No.133 of 2007. The case was then pending for fr..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. ......dren aged up to 18 years who were held in custody within the different prisons of this country during August 2010. A further Memo No. পিডি/পরি- 25/2010/2567(2) dated 03.10.2010 has been forwarded to this Court giving details of a total of 121 children up to the age of 18 years held in ......al Original Jurisdiction) Present: Md. Imman Ali J Obaidul Hassan J The State.....................................Petitioner Vs. The Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others ......................Respondents Judgment ......flict with the law, is to be found in the Children Act, 1974. It is a fundamental aspect of the Children Act that children are not to be kept in custody within the prisons, during the pendency of any trial of the child. The law permits the Court to enlarge any child alleged to have committed a non-b..Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....ven vicariously since after termiÂnation, the plaintiff-respondent having accepted all dues and benefits from the defendant-petitionÂer against such termination without any protest precludes the right of any additional claim at any subsequent stage. 8. We have heard the learned Counsel ap...... Sexual harassment in employment Sexual harassment in employment may be termed as any attention of a sexual nature in the context of work situation which has the effect of making a woman uncomfortable on the job, impeding her ability to do the work or interfering with her employment opportu......not been committed in the course of employment as "in the course of employment" means the acts done by the employees having been authorised by the employment which are very much related with the affairs of the employment. She then submits that the High Court Division committed error of law occas......nsiÂble for such sexual harassment and bullying caused to the plaintiff-respondent are all questions of facts and can only be decided on the evidence to be adduced by the concerned parties in the trial of the case. Moreover, question of vicarious liaÂbility of the defendant-petitioner-company ..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)
....ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55.......nal, Rajbari in the Nari-o-Shishu Case No.336 of 2004, convicting the appelÂlant under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2003 and sentencing him to suffer rigÂorous imprisonment for life and to pay a fine of Taka 10,000 in default to suffer rigorous imprisonment for 6(six) mont......ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55....... the accused, has submitted charge sheet, number 187 on 21-11-2004, under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain against the convict-appellant. 4. Thereafter the case being ready for trial, it was sent to the Nari-o-Shishu Nirjatan Daman Tribunal, Rajbari (the Tribunal), wherein it ..Category: Women and Children | Date: 11 Oct, 2010 | Hits: 154
Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)
.... to allocate him a symbol is violation of natural justice and against the provisions of the constitution and the Representation of the People Order, 1972 because only the valid candidate has the right to withdraw his candidature or his agent can do so under Article 16(1). Returning Officer....... Qamrul Islam Siddique, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Respondent No.1. None Represented—For the Respondent Nos.2-15. Civil Petition for Leave to Appeal No.308 of 2010. (From the order dated 31-1-2010 passed by the High Court Di......indings and observations, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 89. ......n which the entire suit may be disposed of it is the duty of the Court to try that issue first at the earliest opportunity so that the Court may not be unnecessarily bogged down in a complicated trial of the issue of fact requiring much time and involving heavy expenditure. The mandatory p..Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8
State Vs. Md. Sayab Ali, 2010, 39 CLC (AD)
....kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ......7, 2010. Lawyers Involved: Motahar Hossain, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No.52 of 2009. (From the judgment and order dated 30.6.2008 passed by the Hig......kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ......th June, 2008 of a Division Bench of the High Court Division in Death Reference No.125 of 2004 and Jail Appeal No.967 of 2004 with Criminal Appeal No.3278 of 2004. 3. Accused-respondent was put on trial before the Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Sirajgonj to face charge under section..Category: Women and Children | Date: 7 Oct, 2010 | Hits: 126
State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)
....ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ......: Biswajit Dev Nath, Deputy Attorney General, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Nahida Sultana, Advocate-on-Record—For the Respondents. Criminal Petition for Leave to Appeal No.215 of 2010. (From the judgment and order dated 22.2.2010 passed by the Hi......hid Uddin Sheikh (P.W.1), Ajmat Kha (P.W.4), Md. Humayun Sheikh (P.W.5), Haju Khatoon (P.W.6) and Abdus Sattar (P.W.8) came to a definite finding that Sufia and accused Tajul Islam had developed an affair while she was workÂing in the house of Nural Haque and at one stage, she became pregnant and t......us imprisonment with fine. On appeal from the said judgment and order, a Division Bench of the High Court Division by the impugned judgment acquitted the accused-respondents of the charges. 4. The trial Court on consideration of the evidence of Md. Rashid Uddin Sheikh (P.W.1), Ajmat Kha (P.W.4), ..Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15
Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)
....are of the view that since the mandatory period of limitation to file an application under section 19 or to prefer appeal under section 41 has expired long ago, the petitioners acquired a vested right to enjoy the fruits of the said judgment and decree and, as such, their said right can not be ......nd D1) passed in Artha Rin Case No. 293 of 2003 by the said respondent should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Short facts, relevant for disposal of the rule, are that Uttara Bank Ltd., Gulshan Branch, Dhaka (Respondent No.3) filed A......eous Case No. 390 of 2008 (arising out of Artha Rin case No. 291 of 2003) is without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 205 ......ty being CC (Hypo) LTR loan facility which has already been adjusted, but the Uttara Bank refused to return personal guarantee and mortgaged property. 4. At one stage, in the course of trial, the petitioner tried to exclude their names from the case, whereupon the Adalat by order date..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....upon the aforesaid pleadings of the respective parties framed the following issues: (1) Whether the suit was maintainable in its present form and manner? (2) Whether the plaintiff had right, title and exclusive possession in the suit land? (3) Whether the plaintiff was entitle......t aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Opposite party No.1 as plaintiff instituted the suit against the petitioner as defendant for declaration of title to, measuring 1.32 acres, confirmation of possession and for permanent inj......he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ......ing both the parties and perusing the evidence on record by his judgment and decree dated 22.2.2004 (decree drawn on 29.2.2004) dismissed the appeal affirming the judgment and decree passed by the trial Court. 9. The defendant No.1 being aggrieved by and dissatisfied with the impugned judg..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
....d from his bail bond. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 540. ......ntry and that the Agrabad Branch is one of them; that the accused is the manÂaging director of Bagdad Exim Corporation Ltd. a private company limited shares; that on the applicaÂtion of the accused for loan, to run its business, the payee Bank sanctioned loan in the name of the comÂpany of the ac......d from his bail bond. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 540. ......essions, since amendment dated 09.02.2006. But, we find this as a misconceived submission. No doubt, section 141(c) of the Negotiable Instruments Act, as amended on 09-2-2006, has made provisions for trial of a case under section 138(1) of the Negotiable Instruments Act exclusively by the Court of S..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
....sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......used-appellant Nos.1 and 2 with two other accused persons under section 9(3)/30 and 9(3) of the Nari-O-Shishu Nirjatan Daman Ain, 2000 respectively and sentencing them to suffer rigorous imprisonment for life and to pay a fine of Tk. 1,00,000/- each. 2. The prosecution case started upon an ejaher......t the fact of calling away his daughter was told to him by his wife as well as by Rehana. He admitted that he himself has not seen the fact of rape. He denied the suggestion that there was any love affairs between Nurunabi and his daughter or that his daughter wanted to marry Nurunabi or that his da......ound a prima facie case against the accuseds and accordingly he has submitted charge sheet No.13 dated 28.10.2001 against the accuseds under section 9(1)/30 of the Ain. 4. The case being ready for trial, the same was sent to the Court of learned Nari-O-Shishu Nirjatan Daman Tribunal (the tribunal..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....ntiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ......€¦â€¦Petitioner Vs. Adamjee Jute Mills Ltd……………………………Opposite Parties Judgment July 20, 2010. Result: The Rule is made absolute. In a suit for causing losses or damages, the plaintiff is required to give specific instance of damages suffer......ntiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ......barred by limitation and the allegation for causing loss amounting to Tk.4,41,648.02 is not only unspecific also without any legal basis and as such the suit is liable to be dismissed. 5. At the trial both the parties led evidence to prove their respective cases. The learned Joint District Judg..Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38
.... Food Industries
Corporation Regulations, 1989, being a colourable exercise of power for
collateral purposes and for frustrating earlier judicial proceedings and being
violative of the fundamental rights of the petitioner as well as the principle
of natural justice should not be declared as ille......s discharged.
The Bangladesh
Chini-O-Khaddo Shilpa Corporation Karmachari Chakri Probidhamala, 1989
Principle
of natural justice and the necessity to issue show cause notice before the
termination of service of an employee of any statutory body
The doctrine of audi
alt......here will be no
order as to costs. The order of stay granted earlier by this court stands
vacated.
Zubayer Rahman Chowdhury J. - I agree.
Ed.
This Case is also
Reported in:
......Khaddo Shilpa
Corporation Karmachari Chakri Probidhamala, 1989 promulgated by the Board of
Directors of Bangladesh Sugarcane and Food Industries Corporation under Article
25 of the Bangladesh Industrial Enterprises (Nationalization) Ordinance, 1972.
Hence, protection under Article 135 of the Con..
Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5
Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)
....tioner shall be without may remedy and the plaintiffs shall be allowed to enjoy the benefit of the decree obtained beyond her knowledge and thereby she will be deprived of her fundamental and legal right to enjoy the property as an admitted co-share. 9. It is settled principle of law that a......ble under order 7 rule 11 of the Code of Civil Procedure should not be set aside and/ or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule, are that, the opposite parties No.1 to 7 as plaintiffs instituted partiti......order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ......law. The petitioner of The Miscellaneous case filed an application under Order 6 Rule 17 of the Code of Civil Procedure. Both the applications were heard together and after hearing the parties the trial Court rejected the application under Order 9 Rule 13 of the Code of Civil Procedure holding t..Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
....ether the notice has been served and as to non-mentioning the date of service of the notice or the date of receiving of the notice are all questions of fact and that the complainant petitioner, as of right, is entitled to adduce evidence to prove these facts at the time of trial. Accordingly, he sub...... short facts leading to filing of this application under section 561A of the Code are that, one Abdul Jalil Bepari, the complainant-opposite party No.1 in this matter, filed a petition of complaint before the Court of Chief Judicial Magistrate, Sylhet, against the accused-petitioner alleging, amongs......anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ......ered before the court of Magistrate and he was enlarged on bail. 4. It further appears from the statements made in the petition filed under section 561A that, thereafter the case being ready for trial, the same was sent for trial to the Court of learned Sessions Judge, Sylhet, wherein it has be..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
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