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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: ...... Ltd. Vs. S.K. Dey, 44 DLR(AD) 104 on the point. Sum and substance of his argument is that the respondents without affording him any opportunity of being heard has violated the age old and consistent view of the Appellate Division concerning the 'Natural Justice'. 9. Mr. Forrukh Rahman, the lea..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....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. ......Result: Both the appeals are dismissed. Artha Rin Adalat Ain, 2003; Section 57, 32. Code of Civil Procedure, 1908, Order XXI, rule 9, Order XXXIV, rule 5 Absence of reference of Review Committee in final decree- In the final decree there is no reference of Review Committee o..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
...., from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ......ndant and his brothers, but subsequently using those blank stamp paper and cartridge papers with the signatures of this defendant manufactured the impugned contract for sale of the suit land. In view of this defence case it is evident that in this suit for specific performance of contract ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152 ......ng the Arbitral Tribunal can pass an interlocutory order within the ambit of Sections 7A and 21 of the said Act but prayer for addition of party in the proceeding is beyond the purview of the said provisions of law of the Arbitration Act, as such, the order passed by the Tribunal..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: ......n the basis of such a vague and indefinite statement of a witness, sentence for life imprisonment does not appear to be convincing. 15. On critical sifting of the evidence on record, we are of the view that there is insufficiency of evidence. The poor number of prosecution witnesses who are exami..Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155
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. ......uction that the intention of the legislature must be sought from the statute taken as a whole. In arriving at the true meaning of any particular phrase or words employed in the statute it must not be viewed isolated from the context, it must be viewed in its whole context, the title, the preamble,..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ......t No.21 of 1992). However, even at this point the Purchaser did not take any step towards completion of the contract even when the need to obtain the said certificate no longer existed. Hence, in our view the liquidated damage is payable by the Purchaser. 17. One other aspect that we find note..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....nt or submission at all questioning the genuineness of this old registered decd-the exhibit 'Ka1'. However, it appears that both the appellate court below and the revisional court held a very erroneous view that in this suit the onus was entirely on the contesting defendants to prove that th......s possession in the suit land and in the circumstances without a prayer for khas possession the suit for simple declaration of title was not maintainable. The revisional court expressed its view also that since the plaintiff had failed to establish his title over the suit land he is n..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ......ough, understandably at times, it becomes necessary on many peoples’ part to go abroad for specialized medical attention when the ailment turns out to be complicated ones. 15. He was of the view that while other functionaries of Republic are generously allowed to undertake treatment abroa..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)
....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. ......্য দ্রুত বিচার ট্রাইবুনালে স্থানান্তর করা হইবে”। 10. It is apparent that a case which falls within the purview of section 6, including cases of murder, rape, firearms, explosive substances, drugs and hoardi..Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ......e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ......al Case No, 2 of 1993. 45. It is noted that the Government may in exercise of its power under section 5(1)(kha) of the Act of 42 1992 has the option to revive the investigation. 46. In view of the above the Rule is made absolute in the following terms: (a) the investigation of th..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)
.... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ......e was an officer below the rank of Inspector. On the basis of his investigation the charge sheet was submitted and the trial was initiated which has prejudiced the convict-appellant. I am of the view that if the investigation would have been conducted by a superior officer namely an Inspector o..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
.... has been overruled by the Appellate Division because it may give wrong result. So Court will not adhere to a rule of principle established by previous decisions which has already been found to be an erroneous one. The rule of stare decisis is not so imperative or inflexible as to preclude a departu......sed petitioners narrated in the FIR and police report Annexure-A and B(1) to the petition neither implicates them in the offence punishable under section 409/109 nor they can be brought within the preview of "criminal misconduct", punishable under section 5(2) of the Prevention of Corrupti..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....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. ......isinvested Jute Mills, namely, Alhaj Jute Mills Ltd; moreso before transferring the petitioner to the disinvested Jute Mills, he was neither consulted nor his consent was obtained. In taking the said view the learned Judges relied upon the decisions given by two different Benches of the High Court D..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ......rdship of the petitioner. Be it mentioned that this principle may be applicable in case of filing of the appeal when made before the Appellate Tribunal only (Section 42 (1ka) (kha). 10. This view finds support in the case of Usha Chemical Industries Ltd. Vs. Bangladesh reported in 63 DLR ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......ing criminal proceeding under section 561A of the Code of Criminal Procedure have been laid down in the following manner: "The settled principle of law is that to bring a case within the purview of section 561A for the purpose of quashing a proceeding, one of the following conditions must ..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
....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. ......” as used in sub-section (2) does not mean any person other than the person/persons against whom allegation was made to cause his injury which was found false after investigation or inquiry. In view of the provision of subsection (2) the investigating officer of the case is a 3rd person in t..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ......and the trial of the case was concluded in absentia. 5. After hearing both the prosecution and the accused present in the dock and on an assessment of the evidence and materials on record and in view of the facts and circumstances of the case, the Learned Tribunal Judge convicted and sentenced ..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ...... does not support such contention. The point is which law says that such action of the petitioner can only be made upon scrutiny and the failure to do so is an offence. Keeping this principal in view there is no hesitation for saying that there is any relation between the complainant and the ac..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
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