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Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)
....1997. Judgment Afzal Hossain Ahmed J. - This appeal, at the instance of the convict, Sk. Nurul Islam @ Md. Nurul Islam, is directed against the judgment and order of conviction and sentence dated 11.9.1997 passed by the learned Divisional Special Judge, Khulna in Special Case No.38 of 1994...... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ......ushtia Police Station Case No.17 dated 29.1.1991 corresponding to D.A.B. G.R. No.2 of 1991(Kushtia) convicting him under Section 409 of the Penal Code and sentencing him to rigorous imprisonment for four years and to pay a fine of Tk.5,000/-, in default, to suffer simple imprisonment for one ye..Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
.... the Defendant-Respondents. First Appeal No. 635 of 2000. Judgment Obaidul Hassan J.- This appeal is directed at the instance of the plaintiff-appellant against the judgment and decree dated 06.04.2000 (decree signed on 10.04.2000) passed by the Subordinate Judge, Artha Rin Adalat, Bo......decree so that the plaintiff bank can realize the loan amount after selling the mortgaged property. It has also been stated in the plaint that on 11.08.1993 the legal adviser of the bank gave a final notice to repay the loan amount within 15 days, although the defendant No.1 and 2 received the same ......tha Rin Adalat, Bogra, in Artha Rin Case No. 326 of 1994 dismissing the suit. 2. The plaintiff appellant instituted Artha Rin Case No.326 of 1994 impleading the present respondents as defendants for realization of Tk. 17,07, 996.30. 3. The plaintiff in his plaint stated inter-alia that th..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....or the Respondent Nos.1, 2 and 4. Not represented—For the Respondent Nos. 3, 5-6 and 8-9. Civil Petition for Leave to Appeal No.1816 of 2010. (From the judgment and order dated 13-11-2008 passed by the High Court Division in Writ Petition No. 6488 of 2008). Judgment......; 4. It appears that the present petitioners are Government servants. During the last Caretaker Government, the Anti-Corruption Commission served notice upon them to submit their wealth statements but their replies were not satisfactory. In due c......or Advocate, instructed by Md. Taufique Hossain, Advocate-on-Record—For the Respondent Nos.1, 2 and 4. Not represented—For the Respondent Nos. 3, 5-6 and 8-9. Civil Petition for Leave to Appeal No.1816 of 2010. (From the judgment and order dated 13-11-2008 passed by th..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... Farah Mahbub J. - In this Rule under Article 102 of the Constitution of the People’s Republic of Bangladesh the respondents have been called upon to show cause as to why the impugned order dated 22.07.2008 passed by the respondents releasing the petitioner from service on accepting his ...... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......the Ministry of Education (Annexure-A series). The post of the petitioner was subsequently made permanent vide notification dated 04.11.2003 (Annexure-B). Because of various achievements especially for having academic qualification, professional experience, knowledge about computer and experienc..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....inasmuch as, all subsisting right, title interest in the acquired part of land stand extinguished and vest absolutely in the acquiring body free from all encumbrances on and from Gazette Notification dated 31 May 1951, under section 5(7) of the Act, 1948. b) the disputed land comprised in C.S. Plo......t which it had exchanged with the Government and became the absolute owner. The writ petitioners violating the layout plan of the RAJUK made constructions on the disputed land and despite issuance of notices for removal of the unauthorized constructions, the writ petitioners neglected the said notic......Joarshahara, Dhaka Cantonment in the High Court Division by a writ petition. According to the writ petitioners, by different deeds they acquired title and possession of .6855 acre of land out of the aforesaid three plots and constructed four multi storey buildings under the name 'Chowdhury Kunjo'. I..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....852 of 2007. Judgment Md. Shamsul Huda J.- The instant rule was issued on 13.2.2007 calling upon the opposite party to show cause as to why the judgment and order of conviction and sentence dated 30.3.2005 passed by the learned Judge, Nari-0-Shishu Nirjaton Domon Special Tribunal No.1, Dha......ircumstances it is unbelievable that the victim was aged about 12 years. 37. Although the F.I.R. is not a substantive piece of evidence but it is a valuable piece of evidence. The court can take notice of any variation, deviated and embellishment of the F.I.R. story. The F.I.R. itself is a bela......hishu Nirjaton Domon Special Tribunal No.1, Dhaka convicting the convict petitioner under Section 9(1) of the Nari-0-shishu Nirjaton Domon Ain, 2000 and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Tk. 5,00,000/- in default to suffer R.I. for 5(five) years more in Nar..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....ল-মারুফ।- As amici curiae 5 (five) Olayma Kerams.
(As referred by the Islamic Foundation)
Civil Appeal Nos.593-594 of 2001.
(From the judgment and order dated 1st January,2001 passed by the High Court Division in Writ Petition No.5897 of 2000).
Jud......, among others, to the knowledge of the people in general and the concerned authorities in particular, about the incident. The news-item mentioned in the instant suo moto Rule, at least attracted the notice of the learned Judges of a bench of the High Court Division.
54. The learned Judges on r...... people of Bangladesh.
6. Article 11 within Part II of the Constitution stipulates that the Republic of Bangladesh shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person, shall be guaranteed. These are not mere empty flowery..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... loan within a period of 6 (six) months. However, on behalf of the husband of the accused-petitioner, she (accused-petitioner) provided the complainant with a cheque of Tk. 30 lac bearing no. 6669851 dated 02.04.2009 for repayment of the loan. The cheque was presented for encashment with the Janata ......ain for encashment on 08.04.2009 and this time too, the cheque was dishonoured on the score of stopping of payment by the drawer. Anyway, on 22.04.2009 the complainant through his lawyer gave a legal notice to the accused-petitioner by registered post with A/D which was received by her on 30.04.2009......itioner. Sirajuddin Ahmed, Advocate - For the complainant opposite party no. 2. Criminal Miscellaneous Case No. 19057 of 2010 (An application u/s 561A of the Code of Criminal procedure, 1898 for quashment of the proceedings of the session case No. 1832 of 2009 u/s section 138 of the Negotia..Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....epresented- the Respondent. First Appeal No. 68 of 1998. Judgment Obaidul Hassan J. - This appeal is directed at the instance of the plaintiff appellant against the judgment and decree dated 30.07.1997 passed in Artha Rin Suit No. 14 of 1996 passed by the Subordinate Judge, Artha Rin ...... to repay the loan amount to the bank and in this way till 31.12.1995 there was an outstanding dues of Tk.1, 53,412/- against the defendant. On 30.07.1996 the plaintiff bank through its lawyer sent a notice to the defendant to make payment of Tk. 1,53,412/-, although the defendant receipt the notice......assed by the Subordinate Judge, Artha Rin Adalat, Sherpur decreeing the suit in part. 2. The appellant as plaintiff instituted Artha Rin Case No.14 of 1996 impleading the respondent as defendant for realization of Tk. 1,53,412/- as the principle amount along with interest and other charges. ..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....mzan Ali Sikder, Advocate—For the Respondent Nos.2-5. First Appeal No.196 of 2006. Judgment Shahidul Islam J.- The added defendant No.7 being aggrieved by the judgment and decree dated 31-3-2005 passed by the learned Joint District Judge, 5th Court, Dhaka in Title Suit No.181 of......e returned back to plaintiff he had no objection. The defendant Nos.1-4 did not take any effective step for returning back the shares of the plaintiff to her. Thereafter, the plaintiff issued a legal notice upon the defendants on 31-3-1996 through Mr. Aminul Hoque, a learned advocate for getting bac......ck except when a distinction between stock and shares is expressed or implied. So, share is a movable property of the company having market value. By the amended prayer of the plaint it has been made for recovery of possession of shares. The shares got its market value. As per the statements made in..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....gement fee including seamen’s wages to the Bank account of the manager by telegraphic transfer. The plaintiff also supplied bunkers to the defendant No. 1 vessel through lubricants delivery receipt dated 19-10-2008 at the port of Masan in Republic of Korea. 4. The plaintiff also supplied nece......t the defendant No.2, Charterer of the defendant No.1 vessel failed to pay the hire money to the defendant No.1 and 3 for more than three months and as such the owner of the vessel served termination notice upon the defendant No. 2, terminating the lease agreement, requesting return of the vessel to......Bandar, Chittagong. 8. The Commissioner of Customs, Chittagong, Customs House P.S. Bandar, Chittagong. 9. The Deputy commissioner of Police, Chittagong Port, P.s. Bandar, Chittagong……Proforma-Defendants With BIZ & SHIPPING CO., Ltd. RM 1021, Byuksan Kwanghwamunsidae b/d ..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....l and Monzu Naznin (Rosy), Assistant Attorney-General - For the State. Criminal Appeal No. 457 of 2011. Judgment Md. Shamsul Huda J.- This appeal was preferred challenging the order dated 19-1-2011 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Brahmanbaria in ......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......tion 11(Ga)/ 30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (amended 2003), now pending in the Court of learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Brahmanbaria, rejecting the application for bail of the accused appellant. 2. The fact relevant for disposal of the appeal, in short, i..Category: Women and Children | Date: 2 May, 2011 | Hits: 171
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....Water Transport Authority (BIWTA), M/S. Sontosh Overseas Freight, Business Services Corporation and Rupali Bank Ltd., as principal defendants and also added defendant No.10 by an order of this Court, dated 14-8-1996, M/S. Atlas Shipping Lines Ltd., as principal defendant whereupon Deputy Collector o......resaid cargo. The insured paid the premium on 22-12-1992 and the policy was issued on 13-6-1993. It has been stated in the written statement categorically that the defendant No. 4 did not receive any notice of shipment either from the plaintiff or from the L/C opener Bank Rupali Bank Limited or from......., Foreign Exchange Branch 9-G, Motijheel Commercial Area, Dhaka-1000…...Principal-Defendants. 9. Deputy Collector of Customs, Customs Excise, vat and Land customs, Khanpur, Narayanganj.......Proforma-Defendant. 10. M/S. Atlas shipping Lines Limited, Hadi Mansion, 9th floor, 2, Dilkusha Comm..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
National Board of Revenue and others Vs. Lt. Col. Kazi Shahid Ahmed (Retd.), 2011, 40 CLC (AD)
....ecord-For Appellants. AM Aminuddin, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Appeal No.70 of 2004. (From the judgment and order dated 21st July, 2002 Passed by the High Court Division in Writ Petition No.1953 of 1996) Judgm...... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ....... But by a letter dated 09-11-1993, addressed to the member of the National Board of Revenue, the appellant No.1 terming the company as a ‘নির্মান সংস্থা’ prayed for fixing its VAT (Annexure-A to the writ petition). In reply, a second secretary of the appel..Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....r the respondent. Criminal Appeal No. 2797 of 2002. Judgment Md. Ruhul Quddus J. - This appeal under section 10 of the Criminal Law Amendment Act, 1958 is directed against judgment and order dated 29.8.2002 passed by the Special Judge, Sylhet in Special Case No.123 of 2001 convicting the ap......side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......23 of 2001 convicting the appellant under section 409 of the Penal Code read with section 5 (2) of the Prevention of Corruption Act, 1947 and sentencing him thereunder to suffer rigorous imprisonment for five years with a fine of Taka 11,53,364/- in default to suffer rigorous imprisonment for anothe..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Padma Oil Company Limited Vs. Md. Abdus Samad and others, 2011, 40 CLC (AD)
....n favour of the writ-petitioner on certain terms and conditions. Before issuing the Letter of indent, the Bangladesh Petroleum Corporation cancelled the approval on the basis of the Ministry's memo dated 14th July, 2003 and informed the same to the petitioner. In such situation the petitioner di......ed to have been taken by the writ-petitioner are baseless and the writ petition itself is not maintainable. 4. The High Court Division upon hearing the parties while making the rule absolute noticed that the writ petitioner's proposal was approved by the petitioner and the Bangladesh Petro......ucted by Md. Zahirul Islam, Advocate-on-Record-For the Petitioner. Shamem Khaled Ahmed, Advocate, instructed by Abu Siddique, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.670 of 2011. Judgment Surendra Kumar Sinha J. - This petition at..Category: Others | Date: 7 Apr, 2011 | Hits: 7
Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)
....e Hossain, Advocate-on-Record- For Respondent No.10. None represented-For Respondent Nos.1-9 and 14-16. Civil Petition for Leave to Appeal No. 511 of 2011. (From the judgment and order dated the 15th day of February, 2011 passed by the High Court Division in Writ Petition Nos. 9748 of......t petition in the affirmative. This view of the High Court Division is not correct. From the prayer of the writ petition as has been quoted hereinbefore it is clear that the petitioner challenged the notice dated 02.12.2010 issued by the Election Commission announcing the election schedule of all th...... writ petition itself is maintainable in law or whether the writ petitioner has got any interest in the matter Writ-petition in question could not be termed as public interest litigation. Before going into the merit of a writ petition the first and primary duty of the writ Bench is to see ..Category: Election Law | Date: 3 Apr, 2011 | Hits: 168
Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)
.... opposite party. Criminal Miscellaneous Case No. 4086 of 2004. Judgment AKM Asaduzzaman J.-This rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 20.11.2003 passed by the learned Judge, Nari-O-Shishu Nirjatan Daman Tribunal No.2, Chuadanga ...... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......an Tribunal No.2, Chuadanga in Nari-O-Shishu Case No.176 of 2002 convicting the petitioner under section 11(Kha) of the Nari-O-Shishu Nirjatan Daman Ain,2000 and sentencing him to suffer imprisonment for life with a fine of Tk.10,000/- in default to suffer rigorous imprisonment for 3(three) years mo..Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
....tate. Criminal Appeal No.1439 of 2006. Judgment M Enayetur Rahim J.- Convict Nazmul Islam alias Nazu has preferred this appeal against the judgment and order of conviction and sentence dated 6-3-2006 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal No.2, Chandpur, in...... the matter to any body and also assured her to have married very soon. She did not disclose the same to none due to shame, in the mean time, he felt to have been conceived, which she took in accused notice, who again assured her to marry but ultimately, started to avoid her. Finding no way, she i......an Daman Tribunal No.2, Chandpur, in Nari-o-Shishu Case No.85 of 2003 convicting him under section 9(1)/13 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sentencing to suffer rigorous imprisonment for life and to pay a fine of Taka 5,000, in default, to suffer rigorous imprisonment for 6 (six) ..Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)
....s Ordinance, 1984) has been filed by the applicant against an order of the Taxes Appeal Tribunal, Division Bench-5 Dhaka, passed in Income Tax Appeal No. 4408 of 2008-2009 (Assessment year 2007-2008) dated 30-7-2009 arising out of the order dated 20-4-2009 of the Deputy Commissioner of Taxes, (Appea......xes by the Deputy Commissioner of Taxes is illegal" and this judgment has become a binding precedent. The Deputy Commissioner of Taxes (hereinafter called DCT) misunderstood the law and served a notice under section 83 (1) and 79 of the Ordinance for personal hearing and following notices the a.......................................Respondent Judgment March 21, 2011. Case Referred to- Desh Petroleum Service Co. Ltd Vs. Commissioner of Taxes, Zones-5, 12 MLR 48. Lawyers Informed: Rafique-ul-Huq, Senior Advocate with Ms Nazmus Saliheen, Advocates —For the appli..Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123
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