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Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ......r of ejectment ordinarily to be made if rent paid at allowable rate: Since the defendant has been paying rent as per terms of agreement he is entitled to be protected, from eviction. These points are accordingly decided negatively against the plaintiff. Let us take up the point No.(6) for decis...... Rahima Khatun and others…………………Opposite-Parties Judgment April 12, 2012. Result: The Rule is made absolute. Cases Referred to- Solaiman (Md.) Vs. Sufia Akhtar Alam being dead her heirs Nirjesa Rahamat-ullah and others,...... the evidence on record dismissed the suit by the impugned judgment and decree dated 20-4-1999 holding that, the defendant was not a defaulter in paying rent and no attornment was made as required by law and the defendant is entitled to protect her interest under section 18(5) of the Premises Rent C..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)
....pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ......minal Law Amendment Act, 1958 and section 33 of the Ain, 2004, and was of the view that the Commission is competent to prefer appeal against an order of acquittal passed by the Special Judge and accordingly, allowed the petitions for addition as respondent for assisting the state's law offi......33 of 2010). Ahsanul Karim, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-record—For the Petitioners No.1 (In Criminal Petition No.234 of 2010). Criminal Petition for Leave to Appeal Nos.190-191 of 2010 with Nos. 233-234 of 2010. (From the judgment and order dated 8-1......he judgment and order dated 8-12-2009 passed by the High Court Division in Criminal Appeal No. 3099, 5249, 5250 of 2009 and 1392 of 21008.) Judgment SK Sinha J. - In these petitions similar law points are involved and therefore, they are disposed of by this order. The Durniti Daman Commiss..Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
..... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ......goods and the same was received by the respective section of the Customs House, Chittagong. The customs authority assessed the petitioner's imported goods on the basis of the provision of laws and accordingly, he paid the taxes and duties; the customs authority also issued the release order in r......(Civil) Present: Surendra Kumar Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shamsul Huda J Commissioner of Customs......................Appellants Vs. Faridul Alam..................................Res...... imported goods and the same was received by the respective section of the Customs House, Chittagong. The customs authority assessed the petitioner's imported goods on the basis of the provision of laws and accordingly, he paid the taxes and duties; the customs authority also issued the release ..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)
....tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ......tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ......tioners Vs. Md. Abdus Sattar and others...................................Respondents Order April 11, 2012. Result: Leave is granted Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General, instructed by Mahmuda Begum, Advocate-on-Record —For the Petitioners. Abdur Rob......ntaining a prohibitory order that on sub-inspector of police will be considered for promotion who has three black marks or major punishment in their service career. This condition is not based on any law or police regulations. That the petitioners were not considered for promotion for having 3 black..Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120
Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)
....of the matter and the materials on record, the High Court Division committed an error of law in affirming sentence of death imposed upon the petitioner. As a result there has been miscarriage of justice." 8. The submissions merit consideration. Leave is according granted only on the q......ul in Death Reference No. 29 of 2002 was altered to one of imprisonment for life. Jail Appeal No. 425 of 2002 preferred by Monir Miah and others was allowed in part and Monir was found not guilty and accordingly acquitted. But the present petitioner stands in the same footing but his case was not pr......sult: The appeal is allowed. FIR cannot be used as substantive piece of evidence FIR is the earlier version of the prosecution case and the statements made therein can be looked into with a view to find the prosecution story as a whole as set out in the earlier stage Ve......nds in the same footing but his case was not properly considered by the High Court Division. In such view of the matter and the materials on record, the High Court Division committed an error of law in affirming sentence of death imposed upon the petitioner. As a result there has been miscarria..Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2
Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)
....lip; Respondents Judgment April 10, 2012. Result: All the Petitions are dismissed. Opportunity to educational institutions of being heard complying the demand of natural justice. Admittedly, all the three educational institutions in questions were included in ......m MPO without assigning any reason although the school is one of the best schools in the Upazila. 6. The respondent-government, in all those writ petitions contested contending, inter-alia, that according to"(33Wftt" published on 4-2-2010 the government has ample power to curtail/stop......lip;………………………… Respondents Judgment April 10, 2012. Result: All the Petitions are dismissed. Opportunity to educational institutions of being heard complying the demand of natural justice. Admitt......0.) Judgment Nazmun Ara Sultana J. - All these three Civil Petitions for Leave to Appeal have been heard together and are being disposed of by this single judgment since common questions of law and facts are involved in all these 3 leave-petitions. 2. Civil Petition for Leave to Appea..Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13
Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)
....ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave granting order. Ed. This Case is also Reported in: 9 ADC (2012) 802. ......ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave granting order. Ed. This Case is also Reported in: 9 ADC (2012) 802. ...... Lawyers Involved: Dr. A.K.M. Ali, Advocate, instructed by Muhammad Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented-For Respondents. Criminal Petition for Leave to Appeal No.175 of 2009. (From the judgment and order dated 11th November, 2007 passed by the ......etition and as such the proceeding could not be quashed at that stage. Hence, the learned Counsel submits that the judgment of the High Court Division quashing the proceeding cannot be sustained in law. 8. We have considered the submissions of the learned Counsel for the petitioner and peruse..Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212
.... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68.
...... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68.
......Bank of Bangladesh Limited and Others……….Respondent
Judgment
April 9, 2012.
Result:
The leave petition is disposed of with instructions.
Cases Referred to-
Reazaul Karim (Md.) and others Vs. ABM Khalequzzaman and others, 62 DLR (AD) 411; Satish Ch......at pages 41 and 42 as well as in the Diary-2009 of Exim Bank Ltd under the head, the Board of Directors & Executive committee. At the time of incorporation of the company as per the then existing law namely, Banking Companies Act, 1991 (the Act 1991) the maximum number of Directors of a banking ..
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....give any cause of action to the complainant-company to resort to the provisions of section 138 of the Act, 1881, giving rise to sessions cases in question and this failure has caused miscarriage of justice in discharging the Rules. He has further submitted that the High Court Division wrongly inte......e to cross-examine P.W.1 allowing 2/3 dates as the Metropolitan Additional Sessions Judge, in the meantime, fixed the respective cases for examination of the accused under section 342 of the Code and accordingly, we endorse the same. We add by saying that the respective petitioners shall also be at ......ioners Vs. The State…………………….. Respondents (In Criminal Petition No. 366 of 2010) Judgment April 8, 2012. Result: Both the petitions are dismissed. Case Referred to- Golam Sarwar Him Vs. State, 13 MLR (AD) 103 =14 BLC (AD) 26. Lawyers Involved: SK. Zulf......titioners. None represented-For the Respondent. Criminal Petition for Leave to Appeal Nos. 361 And 366 of 2010. Judgment Md. Abdul Wahhab Miah J. - Identical facts and common question of law, being involved in these two petitions, they have been heard together and are disposed of by thi..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ......m the Bank but failed to pay the loan and considering the fact that many garments industries were closed down, the Government decided to take steps for rehabilitation of those industries; (ii) accordingly, Ministry of Commerce issued a Notification dated 28-2-2005 forming the Committee and ......er Vs. Bangladesh and others……………...Respondents Judgment April 4, 2012. Result: The rule as well as the supplementary rule is discharged. Cases Referred to- Talekhal Progressive Fisherman Co-operative Society Ltd. Vs. Bangladesh, 1981 BLD (AD) 103;......ালয় পরিপত্র নং ৪১ আই টি এফ ডি/রপ্তানী/গার্মেন্টস/১০৭৮dated 22-9-2010 (Annexure-E to the Writ Petition) and thus unlawful and is of no legal effect. 3. Material facts necessary for disposal of the case are as f..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....isconstrued the case and misread the documentary evidence of the case and upon non consideration of materials on record, arrived at a wrong finding and dismissed the suit, which caused miscarriage of justice. The learned senior advocate further submits that the trial court failed to consider that th....... The plaintiffs after obtaining the R.S. Porchas of the said suit schedule land came to know that the suit schedule land was wrongly recorded as government khas land. The suit land is a private land according to the C.S. and S.A. record and in the R.S. record it was wrongly recorded in the name of ......d in: ......C.S. plot No.166, C.S. Khatian No. 206 under Mouza Tarabo. He died leaving behind his only son Sodu as his heir. Sodu transferred an area of 19 decimals of land to his daughter Batasi Bibi and son-in-law Abdul Aziz vide a registered heba-bil-awaj deed being No.2084 dated 29.02.1980 and delivered pos..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)
.... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ...... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......posite Parties Judgment April 2, 2012. Result: The Rule is discharged. Lawyers Involved: No one appears - For the Petitioner. Gazi Md. Mamunur Rashid, Assistant Attorney General - For the State-opposite Party. Criminal Miscellaneous Case No.2109 of 1998. ......the allegations made in the complaint constitute any criminal offence particularly any offence under sections 482 and 483 of the Penal Code, it would be better to reproduce the relevant provisions of laws and arrive at a decision thereon. The charge has been framed under sections 482 and 483 of the ..Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218
Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... Ain, 2000 concerns the offence of confining any woman or child for the purpose of extracting ransom. Section 30 covers the instigation of such offences as mentioned above. For ends of justice, Tribunal Judges are empowered to try any other related offences simultaneously The of...... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ......ining any woman or child for the purpose of extracting ransom. Section 30 covers the instigation of such offences as mentioned above. For ends of justice, Tribunal Judges are empowered to try any other related offences simultaneously The offences under sections 302/201/34 of the......o GR No.507 (2)2001 under sections 302/201/34 of the Penal Code, pending in the Court of Sessions Judge, Jamalpur. 3. The facts of the case, in brief, are that one Md. Ashraf Hossain, brother-in-law of the victim's father lodged ejahar with the Jamalpur Police Station stating, inter al..Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5
Anti-Corruption Commission Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
....e learned Metropolitan Sessions Judge, Dhaka committed serious illegality in allowing the revisional application and, as such, an interference is called for by this Division for securing ends of justice. 8. Mr. Sk Golam Hafiz, the learned Advocate appearing on behalf of the opposite party ......day to day expenditure of the respondent No.1 company." 12. Thereafter on 3-8-2010 the Bangladesh Bank prayed for dismissal of the Civil petition for leave To appeal for non-prosecution and accordingly the Leave petition was dismissed for non-prosecution as prayed for. Later on t......l Miscellaneous Case No.1828 of 2011. Judgment Md. Reazul Haque J.- On an application under section 561A of the Code of Criminal Procedure, Rule was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 14-6-2011 passed by the Metropolitan Sessions J......inal Revision No.367 of 2011, arising out of Shahbagh police station Case No.48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
.... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 113.
......igation to absorb the writ petitioners in the service of Republic as Sub—Registrars in the light of the observations, but his main concern is relating to the alleged recommendation, which, according to him, is a fake document created by the writ-petitioners collusively, and the High Court......n & others .................................................Respondents
Judgment
March 22, 2012.
Result:
This appeal is disposed.
Lawyers Involved:
Mahbubey Alarm, Attorney General (with Murad Reza, Additional Attorney General, instructed by Md. Mushfiqur Rahman Kha...... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 113.
..
Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151
Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)
....take any step for hearing of the Rule although he filed the vakalatnama on 23-8-1993. 18. Thus, in exercising power under section 247 and 561A of the Code of Criminal Procedure to secure ends of justice and to abuse of the process of the Court, we are inclined to quash the proceeding of the pre......rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74. ......passing the impugned judgment and order the learned Sessions Judge did not commit any error or illegality ............. .......................(9) Non-appearance of complainant leads to acquittal of the accused Section 247 of the Code of Criminal Procedure has empowered the Mag......ns 247, 439, 561A. Fresh complaint petition not a bar in case of non-acquital. If an accused is not acquitted from a particular case, fresh petition of complaint can not be a bar under any law. And as such it can be said that in passing the impugned judgment and order the learned Sessions..Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7
Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)
....the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ......the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ......b Hossain, Advocate-on-Record—For the Petitioner. Dr. Rafiqur Rahman, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2537 of 2009. (From the judgment and order dated 26.10.2009 passed by the High Cou......ad took back the khas possession of the suit land and the suit land remained in the khas possession of the defendant No.1 and the defendant No.1subsequently leased out the suit land to defendant No.2 lawfully. The learned Counsel has argued to the effect also that there are sufficient evidence on re..Category: Property Law | Date: 19 Mar, 2012 | Hits: 76
....39;s records along with a copy of this judgment at once.
Nozrul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18.
......5 Dilkusha C/A, Dhaka and other …................Defendant-Respondents
Judgment
March 19, 2012.
Result:
The appeal is allowed.
Following the circumstances of the case, according to the principle of law as laid down, the nature of the dispute is entirely a civil disput......lam Chowdhury J
KM Kamrul Kader J
AHM Kamruzzaman Khan………………………….....Plaintiff-Appellant
Vs.
Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other …................Defendant-Res......r …................Defendant-Respondents
Judgment
March 19, 2012.
Result:
The appeal is allowed.
Following the circumstances of the case, according to the principle of law as laid down, the nature of the dispute is entirely a civil dispute and it can only be resolved ..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
....for the defendant, on the other hand, supports the judgment of the High Court Division and submits that the High Court Division rightly held that the plaintiffs' suit was abated and for ends of justice, the High Court Division remanded the suits to the trial Court for fresh decision. 7. W...... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ......ocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1 (In both the cases). For Respondent No.2-9 (In both the cases)—Not represented. Civil Petition for Leave to Appeal Nos.1023-24 of 2010 (From the judgment and order dated 25.8.2009 passed by the High C......that Rokeya Begum executed an agreement in respect of the suit property but the defendant could not produce the existence of such agreement. It is finally argued that the High Court Division erred in law in remanding the suits for fresh trial in failing to consider that a remand cannot be passed as ..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ...... said to be in unlawful possession within the meaning of the Enemy Property laws and was not therefore liable to be ousted from the said property without brining a suit for partition in a civil court according to law." "The said view of the Dacca High Court is in consonance with the w.....................Defendant-Respondents Judgment March 18, 2012. Result: The appeal is allowed. Cases Referred to- Abul Hossain Vs. Amjad Hossain, 62 PLR (AD) 436; Shishir Kanti Pal Vs. Nur Muhmmad, 55 DLR ......er by the Government as enemy property unless there is formation of opinion to that effect, as such, the impugned judgment and order passed by the learned Joint District Judge without consultation of law, is liable to be set-aside. 10. Mr. AJ Mohammad Ali, learned Advocate, relied on the case o..Category: Others | Date: 18 Mar, 2012 | Hits: 5
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