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Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)
....ented- respondent No.2. Criminal Appeal No. 8196 of 2008. Judgment Md. Ruhul Quddus J.- This appeal under section 28 of the Nari-o-Shishu Nirjatan Damon Ain, 2000 is preferred against order dated 9.11.2008 passed by the Nari-o-Shishu Nirjatan Damon Tribunal, Jamalpur in Nari-o-Shishu Nirja......t, the appeal is dismissed. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......hishu Nirjatan Damon Tribunal, Jamalpur in Nari-o-Shishu Nirjatan Damon Case No.12 of 2007 rejecting an application filed by the accused-appellants under section 344 of the Code of Criminal Procedure for postponement of the case. 2. Facts relevant for disposal of the appeal, in brief, are that re..Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91
Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)
.... respondent. Criminal Appeal No. 3504 of 2003. Judgment Md. Ruhul Quddus J.- This appeal under section 28 of the Nari-o-Shishu Nirjatan Damon Ain, 2000 is directed against judgment and order dated 21.8.2003 passed by the Nari-o-Shishu Nirjatan Damon Tribunal, Lakshmipur in Nari-o-Shishu Nir...... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ......r in Nari-o-Shishu Nirjatan Damon Case No.23 of 2000 convicting the appellant under section 10(1) of the Nari-o-Shishu Nirjatan Damon Ain and sentencing him thereunder to suffer rigorous imprisonment for seven years with a fine of Taka 20,000/- in default to suffer rigorous imprisonment for another ..Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ne represented—For Respondent Nos.1-5 (In Civil Petition No.1159 of 2011). Civil Appeal Nos.11-13 of 2011. with Civil Petition No.1159 of 2011. (From the judgment and order dated the 8th day of March, 2010, 17th day of December, 2010 & 20th day of May, 2010 passed by ...... Division Court shall differ from any other Division Court upon a point of law or usage having the force of law, the case shall be referred for decision by a Full Bench". The learned Judges should notice that there is nothing in the oath of a Judge entering upon his office which warrants him i...... power to quash a criminal proceeding in exercise of powers under Article 102 of the Constitution. We have come across in a number of cases and find the High Court Division is not maintaining uniformity in entertaining and disposing of petitions for quashing criminal proceedings. Some Benche..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)
....ession in the suit property contending, inter alia, that it is in exclusive possession of the suit property after purchase from the original owner Capital Ship Breakers Limited by registered kabala dated 12th December, 2009. Thereupon it started ship breaking business in the suit property and th......er is in physical possession of the suit property and therefore, the balance of convenience and inconvenience are in its favour and that the petitioner being a bonafide purchaser for value without notice to the previous transaction between Capital Ship Breakers Limited and the respondent No.2, t......titioner. Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- record-For Respondent No.2 Not represented-For Respondent Nos.1 & 3-11. Civil Petition for Leave to Appeal No.1239 of 2011. Judgment Surendra Kumar Sinha J. - Plaintiff in a s..Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
....e imported from abroad and in course of the business the plaintiff intended to import Crude Degummed Soyabean Oil (CDSO) from Argentina and accordingly opened Letter of Credit bearing No. 03990112-C, dated 12.05.1999, through the City Bank Limited, Principal Office, Dilkusha C/A, Dhaka, for import o......suit on the claim of short landing providing 1(one) year period from the date of delivery which also described when the delivery of the cargo shall be constituted in the following language: Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the ca......Dhaka. 9. The Chairman, Chittagong Port Authority Chittagong. 10. The Harbor Master Chittagong Port Authority, Chittagong. 11. The Commissioner of Customs Customs House, Chittagong.......Proforma-Defendant. Judgment July 17, 2011. Result: The Suit is dismissed. Cases Referr..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....ed in Other Class Suit No.13 of 1984 on 14-2-1985 and proceedings of Other Execution Case No.25 of 1985 are illegal, inoperative, and not binding upon the plaintiff with further declaration that deed dated 18-1-1988 in favour of defendant No.7 by defendant No.1 as illegal not acted upon and not bi......rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......and in Civil Revision No.4490 of 1995 petitioner was defendant. Civil Revision No.4488 of 1995 arisen out of Other Class Suit No.79 of 1988 renumbered as 47 of 1991, further renumbered as 185 of 1991 for declaration that decree obtained in Other Class Suit No.13 of 1984 on 14-2-1985 and proceedings ..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
.... the petitioner. Abdul Malek (In person)-For respondent No.1. Not represented-For respondent No.2. Civil Petition for Leave to Appeal No.2012 of 2010. (From the judgment and order dated 20.05.2010 passed by the High Court Division in First Appeal No.836 of 1991). Judgment ......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......han, Advocate instructed by Nurul Islam Rhuiyan, Advocate-on-Record-For the petitioner. Abdul Malek (In person)-For respondent No.1. Not represented-For respondent No.2. Civil Petition for Leave to Appeal No.2012 of 2010. (From the judgment and order dated 20.05.2010 passed by th..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
.... the petitioner. Abdul Malek (In person)-For respondent No.1. Not represented-For respondent No.2. Civil Petition for Leave to Appeal No.2012 of 2010. (From the judgment and order dated 20.05.2010 passed by the High Court Division in First Appeal No.836 of 1991). Judgment ......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......han, Advocate instructed by Nurul Islam Rhuiyan, Advocate-on-Record-For the petitioner. Abdul Malek (In person)-For respondent No.1. Not represented-For respondent No.2. Civil Petition for Leave to Appeal No.2012 of 2010. (From the judgment and order dated 20.05.2010 passed by th..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
.... (the Adalat in short) and renumbered as Money Suit No.26 of 1990. The defendant-petitioner did not receive any summon of the suit. Eventually, the suit was decreed ex parte by Judgment and decree dated 19-9-1991 (decree signed on 29-9-1991). The Judgment-debtors having failed to pay the decreta......passed order for 6 months Civil custody of the petitioner and issued warrant of arrest against him. The petitioner came to know about the suit, the execution case, warrant of arrest, etc. from the notice published in the Daily Jugantor dated 24-9-2010 in Money Decree Execution Case No.08 of 1995......it Petition No.8963 of 2010. Judgment Zinat Ara J.- In this Rule Nisi, the petitioner has challenged the legality of the proceeding of Money Decree Execution Case No.08 of 1995 pending before the Artha Rin Adalat No.2, Dhaka arising out of Money Suit No.26 of 1990. 2. Facts necess..Category: Limitation Law | Date: 20 Jun, 2011 | Hits: 13
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....m, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1. Ex-parte- For Respondent Nos. 2(a)-3. Civil Appeal No.191 of 2005 (From the judgment and order dated 25.1.2003 passed by the High Court Division in Civil Revision No.5935 of 2000.) Judgment ......sferred the case land to the father of the pre-emptees when she came to know about the transfer. Thereafter pre-emptor obtained the certified copy of the deed and ascertained about the transfer. No notice for transfer was served upon her and she being a co-sharer in the holding is entitled to pre-......nd being a Government Servant, she used to stay with her husband at different places and so she could not visit her paternal home regularly. On her request her brother, the vendor, arranged a meeting for amicable partition of the joint property and in the said meeting, the vendor disclosed that he..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
....ers. M. A. Jabbar, Advocate, instructed by M. G. Bhuiyan, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1294 of 2010. (From the judgment and order dated 27.04.2010 passed by the High Court Division in Civil Rule No. 1024(con) of 2009). Judgme......Division further found that the explanation for the period from 21.3.1994 to the collection of the second certified copy of the judgment on 16.7.2009 was extremely vague. The High Court Division noticed that the plaintiffs-petitioners stated the date of death of Mr. Md. Lutfor Rahman to be in t......Involved: Md. Nawab Ali, Advocate-on-Record—For the Petitioners. M. A. Jabbar, Advocate, instructed by M. G. Bhuiyan, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1294 of 2010. (From the judgment and order dated 27.04.2010 passed by th..Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....iberty to file a petition of complaint before the competent Magistrate against the drawer of the cheque, of course, by complying with the proviso to sub-section (1) of section 138. The legislative mandate as used in clause (a) of sub-section (2) of section 123A of the Act, 1881 that when a cheque is......rmed to him by a dishonour slip bearing the remark “insufficient fund”, on 11.12.2008. Thereafter, in compliance with the provisions of section 138 of the Act, 1881 the complainant sent a notice on 15.12.2008 to the accused by registered post with acknowledgement due at his abode demandi......I of 1881); sections 123A & 138 (1) The legislature has consciously used in section 138 (1), the word any ‘cheque’ drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account. Legislature very well..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Nazir Vs. State, 2011, 40 CLC (HCD)
....d. Nazrul Islam Talukder J.- This Rule, at the instance of the convict-petitioner, was issued calling upon the opposite-party to show cause as to why the judgment and order of conviction and sentence dated 19-7-2006 passed by the learned Judge of the Special Tribunal No.4, Dhaka in Special Tribunal ...... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ......;………………………....................Opposite Party Judgment June 7, 2011. Result: The Rule is discharged. No time bar for section 561A It is pertinent to note that the inherent power under section 561A of the Code..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....al Appeal No. 5815 of 2008. Judgment Md. Ruhul Quddus J.- This appeal, under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 at the instance of a complainant, is directed against order dated 7.7.2008 passed by the Nari-o-Shishu Nirjatan Daman Tribunal, Patuakhali in Nari-o-Shishu Case......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......nal, Patuakhali in Nari-o-Shishu Case No.185 of 2004 stopping all further proceedings of the case. 2. Facts leading to this appeal, in short, are that the appellant filed a petition of complaint before the Nari-o-Shishu Nirjatan Daman Tribunal, Patuakhali against four persons including respondent..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....peal has been preferred by convict appellant Md. Majedur Rahman, son of Mojir Uddin Ahmed of village-Dakkhin Nashratpur, Police Station- Chirirbandar, District-Dinajpur against the judgment and order dated 14.10.2009 passed by the Nari-OShishu Nirjatan Daman Tribunal, Dinajpur in Nari-O-Shishu Case ......a complaint to the President of the Managing Committee on 9.4.2006 and thereafter the Managing Committee took a resolution and dismissed the accused appellant temporarily and also issued a show cause notice on him as to why he should not be dismissed from service. Thereafter she lodged the FIR. 1......he Nari-O-Shishu Nirjatan Daman Ain, 2000 and convicting him thereunder to serve a sentence of 3 years rigorous imprisonment and to pay a fine of Tk. 5,000/- in default to undergo simple imprisonment for 3 months more. 2. The prosecution case, in short, was that the P.W.1 Selina Akter, Office Ass..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
....sh Chandra Saha, Advocate - For the Respondent. First Appeal No.81 of 2000. Judgment Sharif Uddin Chaklader J.- This appeal by the plaintiff directed against Judgment and decree dated 14-10-1999 passed by the learned Subordinate Judge, 3rd Court, Chittagong dismissing Other C......ects and withdrawal of the suit The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XXIII Rule 1 In drafting the plaint the learned Advocate for the plaintiff appellant did not notice the schedule of the deed and drafted plaint as if there is no defect in the cause of action;...... The appeal is disposed of. Words and phrases Formal defect Formal defect includes every kind of defect which is in no way affect the merits of the case i.e. a defect of form not a defect in the merits of the case. 'formal defect' must be given a wide and liberal meani..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)
....he Opposite Parties. Civil Revision No. 5831 of 2007. Judgment Obaidul Hassan J. - This Rule was issued calling upon the opposite party Nos.1-3 to show cause as to why the judgment and order dated 28.05.2006 of the learned District Judge, Dhaka in Arbitration Appeal No. 127 of 2002 affirmin......ted that the present opposite party No.4 acquired the land in question against L.A. Case No.1/85-86 for expansion of Motijheel Commercial Area, Dhaka for the present petitioners. They did not get any notice under section 7(3) of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (......ng .12 acres pertaining to C.S. Plot No.122 of Mouza Brahmin Chiron under Motijheel Commercial Area, Dhaka and the said land was acquired by the opposite party No. 4 in a L. A. Case being No. 1/85-86 for expansion of Motijheel Commercial Area, Dhaka. The opposite party No.4, Deputy Commissioner of D..Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165
Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)
....resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ......e the Rule. Tacitly, he favoured imminent action for wiping the menace. 12. Issues raised in the petition are really of distraught nature. The picture as projected, which we can judicial notice of, is gruesomely gloomy indeed. 13. Pitiable though, reality has it that ecology of th...... ..Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ion of the People’s Republic of Bangladesh, the respondents have been called upon to show cause as to why the decision of respondent no.3, communicated under memo no. IMED/CPIU/RP-01/90-2011/151 dated 10.02.2011 (Annexure-A), purporting that the petitioner, amongst others, is non-responsive ag......der to the tender process. Hence, submitting application on 26.12.2010(Annexure-G) by the respondent no.8, (the local agent of CGG veritas, France and a sub-contractor) to respondent no.6 bringing notice to the said irregularity being allegedly committed by an inter polar, the petitioner company......on of respondent no.3, communicated under memo no. IMED/CPIU/RP-01/90-2011/151 dated 10.02.2011 (Annexure-A), purporting that the petitioner, amongst others, is non-responsive against “Invitation for Engagement of Seismic Contractor” for conduct of 3100 L Km of 2D seismic survey in Block Nos..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....be elected in the manner as prescribed in the Rule. In the Insurance Rules there is no provision of election of directors of sponsor directors, so this silent aspect of Insurance Rules does not invalidate the provisions of Articles of Association for electing directors as any of the provision of the......our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......hich have fallen due. Moreover, High Court Division has to condone the delay in holding AGMs as a matter of course as ex debito justitiae (a remedy which the applicant gets as of right) and no reason for condoning the same needs to be assigned. .............. (50) Court has power to pass conseq..Category: Company Law | Date: 26 May, 2011 | Hits: 9
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