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Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
.... Criminal Revision No.1283 of 1993. Judgment M Enayetur Rahim J. — This Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why the judgment and order dated 9-8-1993 passed by the Sessions Judge, Dhaka, in Criminal Miscellaneous Case No. 1313 of 1993 ......ted to proceed with the case in accordance with law keeping in the mind that at the time of occurrence the age of accused-petitioner was below 16 years. The trial Court is directed to issue notice upon the accused-petitioner to appear before it; failing which the Tribunal should proceed wi......fter investigation into the case submitted charge-sheet against the petitioner on 18-6-1993 under section 19A and (f) of the Arms Act. 4. Thereafter the accused-petitioner moved an application before the learned Sessions Judge, Dhaka, to transfer the case to the Juvenile Court stating that the ..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....he Respondents. Custom Appeal No.73 of 2008. Judgment Md. Ashraful Kamal J. - This customs appeal was presented at the instance of Warid Telecom International Limited against the Order dated 31-1-2008 passed by the Customs Excise and মূল্য সংযোজন কর Appellate......with law. 5. Upon receipt of the documents, the Customs Authority refused to release the goods on the ground that the appellant gave a wrong declaration about the HS Code and thereafter issued a notice under section 180 of the Act upon the appellant under nathi No.05-Cus-12 (4848) PSI/2006/8519......or modify or annul the decision or order appealed against, but the Tribunal neither confirmed nor modified or annulled the decision or order appealed against. The Tribunal simply dismissed the appeal for default. The order of the Tribunal is a non-speaking one. Chapter xxvi of the Code of Crimi..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....ul Islam J. - At the instance of the petitioner, Amzad Hossain, this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned Memo No. BAIMUNI (L.D. A1) 144/278/2004-677 dated 4.4.2004 (Annexure-D) canceling the Money Changer license of the petitioner issued by Foreign ...... 5. Mr. Munshi Moniruzzaman, the learned counsel appearing for the petitioner after placing the petition and the relevant Annexures with it mainly argued that the respondents without issuing any notice upon the petitioner violated the principle of Natural Justice without giving any hearing and ......the name of his proprietorship firm "Universal Money Changer" issued by the respondent No.3, Deputy General Managers, Foreign Exchange Policy Division, Bangladesh Bank dated 18.9.1997 to buy and sale foreign currency from the incoming and outgoing passengers. The said license was issued on yearly ba..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
.... 1908 on the grounds provided in the said provisions. In the instant case the judgment debtors once filed an application under Order XXI Rule 90 of the CPC. The execution court vide order No.150 dated 15-3-2004 rejected the said application of the judgment debtors after giving detailed reasonin......f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ......rder No.150 dated 15-3-2004 rejected the said application of the judgment debtors after giving detailed reasoning. The present appellants have not filed any proper application under Order XXI Rule 90 for setting-aside the sale. The present appellant has filed the said application dated 4-2-2008 unde..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
....uddin Ahmed, Advocate-on-Record—For Respondent No.1. Respondent No.2—Not represented. Civil Petition for Leave to Appeal No.1569 of 2011. (From the judgment and decree dated 24.02.2011 passed by the High Court Division in First Appeal No.230 of 2002.) Judgment ...... subsequently denied to execute and register the kabala deed in favour of the plaintiff as per contract inspite of the plaintiff’s repeated requests. The plaintiff then served a legal notice upon the defendant on 25.07.2000 and the defendant gave reply to that notice stating some fic......etitioner. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Giasuddin Ahmed, Advocate-on-Record—For Respondent No.1. Respondent No.2—Not represented. Civil Petition for Leave to Appeal No.1569 of 2011. (From the judgment and decree dated 24.02.2011 passed by t..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
....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 Nari-o-Shishu......ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ......n 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 imprisonment..Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155
Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)
....er for vacating the order of interim injunction. 4. The learned Advocate Mr. Masood R. Sobhan, appearing on behalf of the petitioner submit that the petitioner entered into a management agreement, dated 9.10.2006, for rendering assistance to the petitioner in planning, constructing, furnishing, s......ation No.21 of 2011. Judgment AFM Abdur Rahman J.- By this application, under Section 7(a) of the Arbitration Act, 2001, upon which the petitioner Millennium Holdings Limited prayed for issuing notice to the respondents to show cause as to why the respondents shall not be restrained by an orde......ation Application No.21 of 2011. Judgment AFM Abdur Rahman J.- By this application, under Section 7(a) of the Arbitration Act, 2001, upon which the petitioner Millennium Holdings Limited prayed for issuing notice to the respondents to show cause as to why the respondents shall not be restraine..Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....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. ......ee cheques were issued but ultimately all those cheques, referred in the compliant-petition, are found to have been bounced for insufficient fund. As a result, the complainant-petitioner issued a notice under section 138(1)(b) of the Negotiable Instruments Act but the accused-petitioner did not ......tion of the legislature which has been expressed through the medium of words. To interpret is not to restrict or to expand the meaning of the statute which, in truth, it intends to convey. So every effort is necessary to make a statute workable and not to render it ineffective by giving a meaningl..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mrs. Sufia Khatun Advocate-on-Record- For Respondent (In both appeals) Civil Appeal Nos. 148-149 of 2007. (From the judgment and order dated 7th July, 2004 passed by the High Court Division in First Appeal Nos.48 and 49 of 2002) J......ment of Tk.15,00,000/- (Taka fifteen lacs). Since the Purchaser could not obtain the Income Tax Clearance Certificate and did not get the deed of sale executed and registered, the Vendor sent a legal notice dated 08.07.1993 acknowledging part payment of Tk. 35,00,000/- towards the purchase price. Th......Ispahani…………….....Respondent (In both 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 1..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)
.... for Leave to Appeal No.08 of 2012. Judgment Muhammad Imman Ali J. - Delay of 02 (two) days is condoned. 2. This petition for leave to appeal is directed against the judgment and order dated 31.10.2011 passed by the High Court Division in Writ Petition No.624 of 2011 discharging the R......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. ......ias Uddin Ahmed, Advocate-on-Record-For the Petitioner. Motahar Hossain Saju, Deputy Attorney General, instructed by Mr. Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.08 of 2012. Judgment Muhammad Imman Ali J. - Delay of 02 (two) days..Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92
Anti-Corruption Commission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
....-Record—For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondents. Criminal Petition for Leave to Appeal No. 657 of 2010. (From the judgment and order dated the 18th day of July, 2010 passed by the High Court Division in Criminal Miscellaneous Case No...... Prosecutor who had been prosecuting the case on behalf of the Durniti Daman Commission, rebuked the accused in open Court in filthy language on several occasions which fact though was brought to the notice of the Divisional Special Judge, he did not pay any heed to the same which proved the biasnes...... Nahid Mahtab, Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record—For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondents. Criminal Petition for Leave to Appeal No. 657 of 2010. (From the judgment and order dated the 18th day of July, 2..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....they committed offences under sections 409 and 109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. 4. The FIR was registered as Sirajdikhan P.S. Case No.4(17) dated 30-4-1989 and investigation thereof was assigned to the District Officer of the Anti-Corruptio......e continuation of the investigation beyond the specified period is necessary………”. 23. But in the present case, the expiry of the 60 days time limit on 29-6-1989 went unnoticed by the learned Magistrate. The Investigating Officer first brought the necessity for extensi......the proceeding of Special Case No.2 of 1993 pending in the Court of Sessions Judge and Senior Special Judge, Munshiganj, and further proceeding of the case was also stayed. 3. The facts relevant for disposal of the Rule are briefly stated below. An Inspector named Abu Sayed Khan of the Dis..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Somed Ali Vs. State, 2011, 40 CLC (AD)
.... Md. Helal Uddin Mollah, Advocate—For the Petitioners. Zahirul Haque Zohir, Deputy Attorney General—For the Respondent. Jail Petition No.11 of 2007. (From the judgment and order dated the 4th and 5th day of June, 2007 passed by the High Court Division in Death Reference No.129 ......death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ......Division Bench of the High Court Division in Death Reference No.129 of 2003 heard along with Jail Appeal No.614 of 2003 rejecting the reference and dismissing the jail appeal. 2. Facts necessary for disposal of this jail petition are that the condemned petitioner was put on trial before the Ses..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)
....structed by Mrs. Sufia Khatun, Advocate-on-Record—For Respondent No.1. Respondent Nos. 2-5—Not represented. Civil Appeal No. 266 of 2009. (From the judgment and order dated 10.05.2007 passed by the High Court Division in Writ Petition No.1870 of 2003.) Judgment ......n; rather it was an autonomous organization and the petitioner was appointed as Thana Project Officer by the authority of that non-government organization. The learned Counsel has drawn our notice to the appointment letter of the petitioner the annexure-A and has argued that this very appo......ioner was promoted to the post of Project Director and posted at Bagherhat District Office on 13.08.1988 in the same pay scale of Tk. 2800-125-1425 which he was enjoining as Deputy Project Director before getting promotion. He joined his new promoted post on 25.08.1988. Since the petitioner's po..Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....he Appellant. Abdur Rab Chowdhury, Senior Advocate instructed by Md. Zahirul Islam, Advocate-on-Record— For the Respondents. Civil Appeal No.200 of 2003. (From the judgment and order dated the 18th day of November, 2001 passed by the High Court Division in Writ Petition No.3614 of 2......e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. .....................Respondents Judgment December 13, 2011. Result: The appeal is allowed. When someone resigns from his service factually and legally, he can not make any prayer for reinstating him.......................(16) Cases Referred to- Chairman Petro-Bangla Vs..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... the instance of the petitioner, IMS Glass Industries Limited, this Rule Nisi was issued calling upon the respondents to show cause as to why the order bearing Nothi No.৪৪/মুসক/০৬ dated 28-6-2006 passed by the respondent No.3 giving direction to deposit an amount of Taka 5,98,44......AT registered Unit and has been manufacturing clan prodato and have been paying VAT regularly. The respondent No.3, the Assistant Commissioner, Excise and VAT Commissionerate, Narayangonj served a notice upon the petitioner asking him to show cause alleging evasion of VAT under section 55 of t......r the Petitioner. None appears - For the Respondents. Writ Petition No.9742 of 2011. Judgment Md. Ashfaqul Islam J.- Let the supplementary affidavit filed by the petitioner be formed part of the main petition. 2. At the instance of the petitioner, IMS Glass Industries ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
....ssain, Advocate-on-Record—For Respondent No.2. None Represented.—For the Respondent No.1. Criminal Petition for Leave to Appeal No.162 of 2010. (From the judgment and order dated 28-2-2010 passed by the High Court Division in Criminal Revision No.1182 of 2009. Judgmen......re was a project for construction of a new market at Choi Ani Bazar for which an allocation of Taka 27,00,000 was made. For execution of the project work there was a condition for publishing a tender notice in two national dailies but the accused with the malafide intention did not make such publica......wdhury, Advocate-on-Record—For the Petitioner. Md. Aftab Hossain, Advocate-on-Record—For Respondent No.2. None Represented.—For the Respondent No.1. Criminal Petition for Leave to Appeal No.162 of 2010. (From the judgment and order dated 28-2-2010 passed by the ..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
.... Md. Fazlur Rahman, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 2354 of 2009. (From the judgment and order dated 17.08.2009 passed by the High Court Division in Writ Petition No.3614 of 2008) Judgment ......of application for joining in service. Thereafter, the respondent No.3 by the impugned letter dated 02.08.2008 cancelled the appointment of the petitioner. On 10.05.2008 the petitioner served a legal notice demanding justice for cancellation of the impugned order and to accept the joining report but......al instructed by B. Hossain, Advocate-on-Record- For the Petitioners. Md. Fazlur Rahman, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 2354 of 2009. (From the judgment and order dated 17.08.2009 passed by t..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
....d, Assistant Attorney-General - For the State. Criminal Appeal No.1450 of 2006. Judgment M Enayetur Rahim J.- This appeal at the instance of the informant is directed against the Order dated 6-3-2006 passed by the Nari-o-Shishu Nirjatan Daman Tribunal No.1, Magura in Nari-o-Shishu Nir......ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ......lationship between the Nari-o-Shishu Nirjatan Ain, 2000 and the Code of Criminal Procedure, 1898 and the Penal Code, 1860 Since specific provision has been made in Nari-o-Shishu Nirjatan Ain, 2000 for punishment of making false allegation, the provision of Code of Criminal Procedure and Penal Cod..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Golam Ahmed Vs. State, 2011, 40 CLC (HCD)
.... AKM Fazlur Rahman J.- This appeal under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (hereinafter referred as the Ain), preferred by accused Golam Ahmed, is directed against the order dated 2-11-2010 passed by the Nari-o-Shishu Nirjatan Daman Tribunal, Sunamganj, (hereinafter referre......t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ...... Result: The appeal is allowed. The Nari-o-Shishu Nirjatan Daman Ain, 2000 (Act No. VIII of 2000); section 9 (1) The victim as a grownup woman lived together with the appellant for six years as husband and wife. She was a consenting partner of the appellant. She was fully awar..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233
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