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Commissioner of Customs and another Vs. Equity Construction Pvt. Ltd., 2012, 41 CLC (AD)
....extended till disposal of the appeal. Let this appeal be heard along with the appeals arising out of C.P. Nos. 1396-1397 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 876. ......t of such vehicle beyond the age of 4 years is not allowed and the imported vehicles being contraband items, the said goods having been confiscated were sold by the customs authorities in auction according to law." Preparation of paper book is dispensed with as prayed for. The order of......in CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J The Commissioner of Customs, Customs House (Import), Chittagong and another......................................................High Court Division and submitted that the imported machineries are contraband items and liable to be confiscated under the provisions of Customs Act and therefore, the High Court Division erred in law in directing for release of the imported machineries. It is further urged that on similar questi..Category: Fiscal/Taxation Law | Date: 15 Mar, 2012 | Hits: 87
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
....the Code of Civil Procedure and section 561A of the Code of Criminal Procedure possess the same formula describing the inherent power except that section 561A adds "or otherwise to secure the ends of justice". Neither section does invest the Court with any new power. The power is already there and...... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ...... Both section 151 of the Code of Civil Procedure and section 561A of the Code of Criminal Procedure possess the same formula describing the inherent power except that section 561A adds "or otherwise to secure the ends of justice". Neither section does invest the Court with any new power. The powe......Justice that nothing in the Criminal Procedure Code does so limit or affects its inherent power…………………………………..(14) The Courts exist not only for securing obedience to the law of the law of the land but also for securing the ends of justice in its widest sense. Inherent p..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
....ition Dhaka City Corporation has already given allotment to those hawkers and thereby has legalised their occupation in the foot-path of the market place. Hence, he submits that for the cause of justice and equity and for the interest of the public at large such unlawful action of DCC should be......om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ................Petitioners Vs. City Corporation…………...........Respondents Judgment March 14, 2012 Result: Rule is disposed of. Cases Referred to- Kamaluddin Vs.Secretary, Ministry of Land, Bangladesh 56 DLR (AD) 212; Omar Sadat Vs. Bangl......ents have been called upon to show cause as to why the attempt to change the historical and approved master plan of Dhaka New Market Complex Structure, should not be declared as illegal, without lawful authority and hence, is of no legal effect. 2. Facts, in brief, are that the petitioner ..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
....gy University be allowed to continue with their regular studies accordingly.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 166.
...... qualified persons in that field and, at this juncture, the Bangladesh Veterinary Association (hereinafter referred to as BVA) all along resisted opening up the said course throughout the country and accordingly on 25-4-2011 the said BVA made representation to the University Grants Commission (herei......
Md. Harun-or-Rashid—For the Respondents No.8 & 9.
Writ Petition No.10913 of 2011.
Judgment
Md. Khurshid Alam Sarkar J. - This Rule has been calling upon the respondents to show cause as to why the impugned Memo No.UGC/Admin/paboishwa/402(Tadanto)/08/8 200 dated 25-10-2......Science and Technology University in the session of 2011 and thereby staying the Memo No.(UGC/Admin/paboishwa/402 (Tadanto)/08/8200 dated 29-9-2011, should not be declared to have been issued without lawful authority and is of no legal effect.
2. Facts leading to the issuance of this Rule, in s..
Category: Others | Date: 14 Mar, 2012 | Hits: 5
....r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing.
Ed.
This Case is also Reported in: 9 ADC (2012) 865.
......ording to the aforesaid offer, the writ respondent No.9 needed to have personal guarantee for the aforesaid loan facility. The writ petitioner thereupon gave personal guarantee on 23rd July, 2003 and accordingly the writ respondent No.9 availed of the loan facility. Subsequently when she came to kno......ioners.
Qumrul Haque Siddique, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1.
Not represented-For Respondent Nos.2-8.
Civil Petition for Leave to Appeal No.1520 of 2011
(From the judgment and order dated 15.3.2011 passed by the High Cour......on upon hearing the parties by the impugned judgment made the rule absolute and declared the enlistment of the writ petitioner's name in the CIB list as a loan defaulter to have been made without lawful authority and of no legal effect. It was argued that the High Court Division erred in law in ..
Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ....... Learned Judge of the appellate Court did not address to this finding. Mr. AJ Mohammad Ali submits that during pendency of the rule the decision was made final by defendant No. 1 If that be so, according to me this suit is premature. Mr. Md. Abdul Jalil learned Advocate produced before me the ...... The appeal is dismissed. Civil Rule No.1022 (F) of 2005 is discharged. The General Clauses Act, 1897; Section 27 If there be notice issued in registered post with acknowledgement due to the proper address of the addressee then it is deemed to be presumed that notice has been served&...... with acknowledgement due to the proper address of the addressee then it is deemed to be presumed that notice has been served….....(16) Necessity to complete or exhaust provisions of law before coming to the Court When the law provides for appeal as such, before come to the Cou..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
.... to enhance sentence when the sentence passed is grossly inadequate, or when the sentence is such a manifestly inadequate punishment for the offence committed as to amount to miscarriage of justice, or where the discretion has been exercised perversely, or upon wrong principles or where th......iable Instruments Act, 1881. The particulars of acts for which he was found guilty was that the convict-petitioner offered for sale of a flat at Gulshan, Dhaka at Tk. 60,00,000 to the complainant and accordingly, a deed of agreement was executed between them and he received Tk. 60,00,000. The petiti......llip;………………….......Respondent (In at the cases) Judgment March 12, 2012. Result: The petitions are disposed of. Case Referred to- Ramashraya Chakrabarty Vs. State of MP AIR 1976 SC 392. Lawyers Involved: Chowdhu......h Court Division in Criminal Revision Nos. 575, 576, 577and 578 of 2009). Judgment SK Sinha J. - The delay in filing of these leave petitions is condoned. Since the parties and the point of law involved in these petitions are identical, these petitions are disposed of analogously. The ques..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ......ect of carrying passengers the respondent authority many a time expresses non availability of seats/tickets, whereas practically sufficient seats are found vacant on board. This sort of corruption, according to the petitioner, is generally in practice by some unscrupulous employees, who are in c......r Rahman, advocates-for the respondent No.2. Writ Petition No.10027 of 2011. Judgment Mirza Hussain Haider J. - The petitioner obtained this Rule Nisi calling upon the respondents to show cause as to why the decision to automatically upgrade the high profile state dignitaries, s...... provide the same privilege to other high profile state dignitaries above serial No. 13 of the Warrant of Precedence, as appears from Annexure- A, should not be declared to have been taken without lawful authority and is of no legal effect, as the same is violative of Articles 29 and 31 of the C..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ......s are government properties. The Plaintiff-opposite-parties proclaimed in the area that he had got decree in the suit regarding the Government properties. The defendants inquired about the matter and according to the information slip they got information that the suit was decreed on contest on 29-4-......ed: Enayet Hossain, Advocate with Ziaul Hoque, Advocate—For the Petitioner. MI Farooqui, with Md. Sadikur Rahman, Advocates—For the Opposite-Party No.4. SS Barker, Deputy Attorney-General—For the Opposite-Party No.1-3. Civil Revision No.3108 of 2011 with FA No.6......fic performance of any contract relating to the transfer of any immoveable property or for declaration of title to, or assertion of ownership of, any such property." 7. On a reading of this law it appears that the aforesaid law before amendment government was impleaded as proforma def..Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18
Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....ty Judgment March 5, 2012. Result: The Rule is disposed of. Code of Criminal Procedure, 1898; Section 561A Anti-Corruption Commission Rules, 2007, Rule 10 To secure justice, it is essential that a complete investigation is carried out by the Investigation Officer (......al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ...... Rule 10 To secure justice, it is essential that a complete investigation is carried out by the Investigation Officer (IO) The investigation conducted by the IO was incomplete and contradictory. The two vital issues of the case were - a) the authenticity of the surplus status of the 11 ac......on 9th April, 1982 and presided over by the then Chief Martial Law Administrator, and, as a result, the petitioners hecame surplus-employees, they were released from their respective organisation and lawfully appointed by the Land Ministry pursuant to the nomination letters issued by the Ministry of..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)
....eport of the IO is contradictory. 28. In view of the above we hold that the investigation conducted by the IO was incomplete and further investigation should be directed for securing the ends of justice. The quashment of the proceeding is not called for. However the cognizance order and the cha......, পি-১৭৯/৮৪) অংশ/১৮৮৫ তাং ৪-১০-১৯৮৫, stating that the accused-petitioners were surplus employees of জাতীয় যুব সংস্থা, And accordingly requested the Land Ministry to verify the antecedents of the nominated employees and to ......t the said benefit of absorption……………………(20) Lawyers Involved: K.M. Hafizul Alam, Advocate - For the Petitioner Nos.2, 3 and 6. Shafiul Basher Bhandery, Deputy Attorney-General - For the State. Khurshid Alam Khan, Advocate - For the ACC. Crimin......int Secretary of that Ministry and to produce their original appointment letters and educational certificates. 9. Mr. Alam, the learned Advocate, lastly submits that the accused-petitioners were lawfully appointed to their present posts in accordance with the Surplus Public Servants Absorption ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
....btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......s per provision of section 33 of the Arbitration Act Judgment-debtor must submit the security. It also appears that at any point of time Judgment-debtor-petitioner did not file any security, as such, according to us, Judgment-debtor has no leg to stand in any Court. The best case of the Judgment-deb......ndicate & others..........................Opposite Parties Judgment March 4, 2012. Result: The rule is discharged. Arbitration Act being a special act, 30 days provision is mandatory not directory. Any appeal or objection challenging the award if filed after the period of 30 da...... after the period of 30 days shall not be entertained…………………………………(6) Deposit of security is pre-condition for challenging the award in form and 'shall' has been used, law makers make it clear that it is mandatory. Unless there be any security deposited to the satisfa..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....poses specifically mentioned in the section which are, firstly, to give effect of any order under the code, secondly, to prevent abuse of the process of the Court and thirdly, to secure the ends of justice. What is 'inherent' is an inseparable incident of a thing or an institution in which it inhe......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......nherent power of the High Court Division as mentioned under section 561A of the Code can be exercised only for either of the three purposes specifically mentioned in the section which are, firstly, to give effect of any order under the code, secondly, to prevent abuse of the process of the Court a......a thing or an institution in which it inheres. This rule has its source in the maxim "Quado lex aliquid alicut concedit, concoders videturid sine quob ipsa esse nan potest" which means that "when the law gives anything to anyone it gives also all those things without which the thing itself could not..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ......ce under sections 54 and 55 of the Ordinance. 3. On receipt of the complaint, learned Chairman of the Second Labour Court, Dhaka, found prima facie case against the petitioner and issued process accordingly. Soon after, the petitioner surrendered before the said Court and obtained bail. After t......er. Abdur Razzaque Khan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent No.1. Not represented-For Respondent No.2. Criminal Petition for Leave to Appeal No.113 of 2010. (From the judgment and order dated 18.02.2010 passed by the High Cour......ing the parties by their judgment and order dated 18.02.2010 discharged the Rule vacating the order of stay and directed the Second Labour Court, Dhaka to proceed with the case in accordance with law. 6. Feeling aggrieved by and dissatisfied with the judgment and order passed by the High Co..Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238
Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)
....n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......ond position and the petitioner secured the third position. The result of election was published in the official gazette on 2nd February, 2009. That after holding of the election, the petitioner came to know that the opposite party No.1 was a guarantor for the loan obtained by his father in Loan Cas...... is disposed of with observation. Whether section 14 of the Limitation Act, 1908 is applicable in determining the period of limitation prescribed for any suit, appeal or application by any special law e.g. the Local Government (Upazilla Parishad) Ordinance, 2008 and the Local Government (Upazilla..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)
....ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......iny of the evidence the High Court Division found that the petitioner and others, being armed with deadly weapons, illegally trespassed into the vacant land lying beside the home of the informant and accordingly, found the petitioner guilty under section 147 of the Penal Code. 12. We find that ......Involved: Md. Nasiruddin Chowdhury, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Not represented-For Respondent. Criminal Petition for Leave to Appeal No.32 of 2010. (From the judgment and order dated 22nd October, 2008 passed by the Hi......ction 147 of the Penal Code and his sentence thereunder is fully justified by the evidence and materials on record. The decision of the High Court Division being based on proper appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition i..Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78
Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)
....cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......ite Party Judgment February 29, 2012. Result: The Rule is made absolute. Lawyers Involved: No one appears - For the Petitioner. Mrs. Syeda Rabia Begum, Assistant Attorney General- For the Opposite Party. Criminal Miscellaneous Case No.10245 of 2005. Judg...... dowry, but the Ain does not provide anywhere any punishment for infliction of simple injury on demand of dowry. It is the cardinal principle of interpretation of statute that provisions of any penal law or that of any special law should be construed strictly. Since the Nari-o-Shishu Nirjatan Damon ..Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168
M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)
....t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......he Petitioner (In both the cases). Mahmudul Islam, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record —For Respondent No.1 (In both the cases). Civil Petition for Leave to Appeal Nos.1588 and 1589 of 2009. (From the judgment and order dated 18.03.2009 passed by th......nd survey of the insured factory by experts and obtained experts report, but it did not even produce the original copies of those inspection reports and did not make them exhibited in accordance with law. 17. None of the makers of these reports also has been examined before the court to prove t..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)
....h Court Division was only concerned with the question as to whether the appellate Court in giving that finding, committed any error of law resulting in an error in the decision occasioning failure of justice", and the case of Waliullah Vs. Hasina Begum, 23 BLD 67=8 BLC 694 wherein it is held th......s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191 21 BLT (HCD) (2013) 39 ......olute. As per section 54 of Transfer of Property Act sale is a transfer of ownership i.e. actual sale and actual sale means transfer by registered document and unless agreement/bainama converted to a registered sale deed it merely an agreement binding the parties to the agreement, not a transfe......in procedure for a legal basis for transferring title and on the basis of baina no decree can be passed declaring title of a person, Court of appeal below being final Court on facts on misreading the law, committed gross illegality in decreeing the suit holding plaintiff has been able to prove his p..Category: Property Law | Date: 23 Feb, 2012 | Hits: 6
Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)
....rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162. ......rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162. .............Petitioner Vs. Secretary, Ministry of Law and others............Respondents Judgment February 23, 2012. Result: The Rule is discharged. Cases Referred to- Haji MA Razzaque Vs. Bangladesh Bank and another, writ petition No.9231 of 2010. Lawye......fundamental right of citizen and why the Notice published in the daily "The Ittefaq" dated 11-7-2010 as shown in Annexure "E" should not be declared to have been published without lawful authority and is of no legal effect. 2. The petitioner is owner and proprietor of M/s Sa..Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7
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