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....y sense of the terms. It is merely meant to explain or clarify certain ambiguities which may have crept in the main provision. The ordinary function of an explanation is to clarify, to facilitate the proper understanding of a provision to serve as a guide.
40. In the case of Chief Administrator of......ion
Present:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Syed Mahmud Hossain J
Md. Abul Kashem.............................Appellant
Vs.
Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents
Judgment
February 14, 2012.
Result:
The appeal is dismissed.
C......ing the Bangladesh Bank and the Sonali Bank from publishing the name of the Company as a defaulter in the CIB report with a direction to delete the name of the Company from that report. Sonali Bank illegally sent the letter dated 30.11.2008 to the Returning Officer raising objection about the candid..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
.... (NBR), the main stakeholder on this issue, was not asked to give reply on the same. Considering this aspect, we are of the view that the issue of vatability as raised by Mr. Haq may be examined in a proper case upon a proper Rule Nisi in this regard. Since the Grameen Phone challenged the impugned ......
Present:
Farid Ahmed J
Sheikh Hassan Arif J
Grameen Phone Ltd...............................Petitioner
Vs.
Bangladesh Telecommunication Regulatory Commission (BTRC) and others……...............Respondents
Judgment
February 13, 2012.
......800 band) to the petitioner in 2008 and payment of licence fee and spectrum fee for new assignments without any deduction should not be declared to have been issued without lawful authority and of no legal effect.
2. Short facts, relevant for the disposal of the Rule, are that the petitioner co..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....thin eight months from 08.01.2008 and that the case having been filed beyond that period was barred by limitation. 9. The findings of the Administrative Appellate Tribunal are based on proper appreciation of law and fact. 10. We would like to give more explicit reply to the quest......Ali J Md. Shamsul Huda J Md. Shahjahan Atmasder................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Agriculture and others..........................................Respondents Judgment February 9, 2012......ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ..Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....hile defendant No. 6 is the other brother through their mother Rezia; said Badsha Miah died on 24-4-91 leaving behind the plaintiffs and the defendants as his legal heirs' he has also left behind properties described in Schedule Ka, Kha, Ga and Gha of the plaint which includes land, building sho......ported in: 65 DLR (HCD) (2013) 59. ......nstituted before the Sub-ordinate Judge, 1st Court, Dhaka, seeking a decree for declaration that the judgment and decree on compromise passed in Title Suit No. 168 of 1991 dated 3-5-95 is illegal, void and fraudulent which is not binding upon the plaintiffs. 4. The suit was instituted..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
....can be treated as a public interest litigation, and the
necessity of swearing any affidavit can be dispensed with.
The office is directed accordingly.
Ed.
This Case is also Reported in:......is Case is also Reported in:......si be issued, calling upon the respondents to
show cause as to why shops construction by the respondents in the place of selected
car park at Kawranbazar, should not be declared to have been made illegally,
without lawful authority and is of no legal effect and why a direction should
not be give..
Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15
Abdur Razzak Vs. State, 2012, 41 CLC (HCD)
....on 409/109 Penal Code read with section 5(2) of Act 11/1947 Charge is framed accordingly". The language used in the Order particularly the expression "it is found that" is neither proper nor speaking. It is improper, in that at the time of framing charge the trial Court cannot re...... 1898 is that trial Court has to form "an opinion that there is ground for presuming that the accused has committed offence................" An opinion on the basis of presumption and a finding in a judicial proceeding are two distinct concepts. A finding about commission of offe....... Khan submits that the First Information Report (shortly FIR) and the charge-sheet (Annexure-A and B) clearly disclosed offences allegedly committed by the accused-petitioner and that the charge was legally and properly framed against him and therefore no interference from this Court is necessary i..Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....ercising its power on the question of conversion of the conviction of any accused. Since the state has taken no exception against the conversion of the conviction, Appellate Division feel it not proper at this stage to interfere with his conviction. Appellate Division find no ground to com......ud Hossain J Md. Shamsul Huda J Md. Imman Ali J Muzibur Rahman and others ……………….... Appellants (In Criminal Appeal No.3 ......counsel has failed to point out any extenuating circumstance for commuting the sentence of the appellant. The reasons justifying the infliction of the lesser penalty must accord with established legal principles. Where the murder was brutal and cold blooded, a sentence of death should be p..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....lip;…….Respondents Judgment February 1, 2012. Result: The appeal and the leave petition are dismissed. A mutawalli cannot grant lease of any part of waqf property in perpetuity with prior sanction of the Administrator. The language used in this sect......p; Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Md. Imman Ali J Kalim Ullah (Md.) and others ...............Appellant Vs. Fariduddin Ahmed…………&h......t has been able to prove his title in the suit land and that the plaintiff has dispossessed the defendant in respect of 0.03 acre of land without due process of law and thereby, it has committed no illegality in maintaining the judgment of the Court of Appeal below. More so, the leave petition ..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....present Rule. 8. Mr. M. Amirul Islam, the learned Senior Counsel submits that the learned trial court while disposing the application under section 265C of the Code of Criminal Procedure did not properly consider the case records and the documents submitted therewith. Mr. Islam contended that t......nt: Siddiqur Rahman Miah J AKM Shahidul Huq J Dr. Khalekuzzaman………………………….......Petitioner Vs. The State and another…………………………Opposite ......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....roduce any evidence of authorization by the respondent. The Sole arbitrator in presence of the officers of the respondent adjourned the hearing to 27-8-1998 for enabling the respondent to appear with proper letter of authorization. It was also intimated to the parties that no further extension ......efined in the Arbitration Act. Order XX, rule 4(2) of the Code requires that judgments of all Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. Section 17 of the Arbitration Act empowers the Court to pronounce......ther arrange for payment of bills nor replied to the aforesaid letters of the appellant. 4. The appellant after realizing that the respondent will not make further payment which the appellant is legally entitled to, agreed to settle the dispute through arbitration. The appellant with that view ..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
....7 and VP Lease Case No.1 of 1086, releasing 0.84 acre of land out of 3.44 acres of land appertaining to SA Khatian No.321, Plot No.509 of mouza Jotpratap, Police Station-Sadar from the list of vested property. 3. The writ petitioner's case as stated in the writ petition, in short was that 3......Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Nawabgonj Government College.....................Petitioner Vs. Aftabuddin (Md.) and others.........................Respondents Judgment January 23, 2012. Result: ...... of Land Appeal Board was unlawful and, as such, this order required correction by the full Board of the Land Appeal Board. The learned Advocate for the petitioner has argued that there has been no illegality at all in entertaining the application for further review of the impugned order of one memb..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....t Nos.1 and 2 received the said amount from the buyers, they failed to complete the construction work or failed to undertake the construction work satisfactorily or failed to do the construction work properly as per terms of the agreement and had abandoned the construction site; the intending flat b......bsp; Nazmun Ara Sultana J Md Shamsul Huda J Syed Mahmud Hossain J Md. lmman Ali J Atif Atiq (Md.) and another..........................Petitioners Vs. Nurun Nahar Begum and others...............f affairs, the plaintiff became frustrated and started looking frantically for defendant Nos.1, 2, 6, 7 and 8, but could not trace out their whereabouts. And then, on 5-2-2006, the plaintiff served a legal notice upon defendant No.2 and thus tried to inform him all facts in detail and also requested..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....Case No. 1313 of 1993 and as the senior Special Judge in the Special Case No. 946 of 1993 should not be set-aside and/or such other or further order or orders passed as to this Court may seem fit and proper. (As written in the Rule issuing order.) 2. The present accused-petitioner on 17-2-1993 ......D 542; Monir Hossain Vs.State, 53 DLR 411; Abdul Monem Chowdhury @ Monem Vs.Stale, 47 DLR (AD) 96; Mona alias Zillur Rahman Vs. State, 23 BLD (AD) 187 = 9 BLC (AD) 125; Protap Singh Vs.State of Jharkhand, (2005), 3 SCC 551; Umesh Singh Vs. State of Bihar, (2000) 6 Supreme Court Cases, 89. Lawye...... the trial Court considered all the evidence that were before it and was not in a position to hold that the petitioner was a child on the date of framing of the Charge and, as such, it committed no illegality in rejecting the application of the petitioner" 12. In the Case of Mona alias Zil..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)
....on and the reasons for the decision. But in the present case, the Tribunal by merely pronouncing the conclusion without assigning any reasoning in support of the same is found not to have persued the proper way of disposing of the Appeal. And whereas further the Order (Judgment) of the Appellate Tri......pecial Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Warid Telecom International Ltd....................Appellant Vs. Commissioner of Customs and others………........Respondents Judgment January 18, 2012. ......dates for hearing of the appeal and, ultimately, fixed the appeal for hearing on that date. Legal counsel of the appellant prayed for an adjournment of appeal. It so transpired, and as unknown to the legal counsel on that day but as come to be revealed later by inspection of the Tribunal's Order..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......on (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Amzad Hossain……….........................Petitioner Vs. Bangladesh Bank and others.............Respondents Judgment January 18, 2012. Result: The Rule i......etitioner issued by Foreign Exchange Policy Division, Bangladesh Bank at the signature of the respondent No.4 should not be declared to have been made and issued without lawful authority and is of no legal effect. At the time of issuing Rule the parties were directed to maintain status quo in respec..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....not go behind the decree. So the execution court does not have any jurisdiction to take into consideration of any thing stated in preliminary decree……..(14) Whether the sale of the property once made absolute can be affected even if the decree is overturned- It is settle prin...... (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J AKM Zahirul Hoque J Shamsuddin Ahmed & others .....................Appellants Vs. City Bank Ltd. and others……………………………........ing and recommendation of the review committee bank did not accept the proposal as well as the Court by the impugned order refused to act on these matters, as such, the order of the court suffer from legal infirmity and liable to be set-aside. Mr. Mahbubey Alam, learned Advocate, further submits, th..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
....int case, in short, was that the suit land originally belonged to Umacharan who died leaving son Bijoy Sree Barua. That Bijoy Sree Barua while was in possession of the suit land along with other properties died leaving four sons in Prodip Barua @ Bappi (the defendant-petitioner), Dilip @ Badal ......da J Sree Prodip Barua alias Bappi………………………………………..Petitioner Vs. Faisal Madani and another.......................................Respondents Judgment January 15, 2012. ......endant 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 so..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....ion for addition of patty by the 2nd party to implead the 3rd party in the proceedings does not come within the ambit of law. Therefore, as to whether any signatory of the agreement is a necessary or proper party in the proceedings does not call for to decide at all. It is the desire of the 3rd......late Jurisdiction) Present: Md. Nuruzzaman J Quazi Reza-ul Haque J Dr. Anowar Hossain………………..Appellant Vs. Reya Builders and Engineers Ltd................Respondent Judgment January 12, 2012. Result: ......Party, and one of the shareholders of the project and building, he is also to be made a party. Therefore, though there is some delay but still he should be made a party in the proceeding for avoiding legal complicacy, if any, in future for proper and correct division of the joint building." ..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
....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: ......Appeal No.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 Nar......enging which the convict-appellants filed these two jail appeals separately. 8. Mr. Md. Aminur Rashid, a panel lawyer appointed by the Ministry of Law, Justice and Parliamentary Affairs to provide legal aid to the appellants in jail appeals, submits that the case against the appellants have not b..Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155
SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)
.... 7. Under the circumstances, we direct the Review Committee to dispose of the case of the petitioner on merit in accordance with law after giving opportunity to the petitioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. ......the petitioner Messrs SS Enterprise, this Rule Nisi was issued calling upon the respondents to show cause as to why the illegal holding over the goods covered under LC No.135211010074 dated 20-7-2011 and Bill of Entry No.112274 dated 6-9-2011 by not releasing the same shall not be declared to have b......-affidavit be formed part of the main application. 2. At the instance of the petitioner Messrs SS Enterprise, this Rule Nisi was issued calling upon the respondents to show cause as to why the illegal holding over the goods covered under LC No.135211010074 dated 20-7-2011 and Bill of Entry No.1..Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102
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