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Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)
....quently the lessee Md. Hossain Ali sold the said plot along with the structure thereon to one Ghulam Rabbani by a registered sale deed dated 24.06.1965. Ghulam Rabbani got possession of the said property and possessed the same. Subsequently after liberation of Bangladesh the said property was e...... Muhammad Mamtaz Uddin Ahmed J Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, P.S.- Ramna, Dhaka and others……………………Petitioners Vs. ......roperty by force. That the petitioner lodged complaint to the Sub-Divisional Officer (Sadar, South), Dhaka for the eviction of those unlawful occupants but did not get any result. Rather those illegal occupants took allotment of the said property from the Government in 1976. That the petitioner..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
....his concurrent finding of the courts of facts, set aside the judgment of the appellate court below and sent back the appeal on remand with a direction for writing judgment afresh. This has not been proper and justified at all. The judgment of the appellate court is a judgment of affirmance and a......inha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Abdul Aziz being dead his heirs:- 1(a) Asia Khatoon and others……………………..Petitioners Vs. 1(a) Most. Kutisona Bibi and others............. the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... it differs the case shall be referred to a Full Bench." 13. If a Division Bench does not accept as correct the decision on a question of law of another Division Bench, the only right and proper course is for it to refer the matter to a Full Bench. Chapter VII, Rule 1, of the High Court...... Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Md. lmman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Tae Hung Packaging (BD) Limited and others..................Appellants Vs. Bangladesh and others............................... on three grounds, firstly, that the writ petitions are not maintainable since the writ petitioners have alternative remedy, secondly, as the writ petitioners are fugitive from justice they are not legally entitled to any relief from the Court and thirdly, interference of the proceedings by the..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....of some of the accused soon after the occurrence cannot always alone circumstances leading to inference of guilt of the accused. Fifthly, after conclusion of the prosecution case the accused were not properly examined under section 342 of the Code of Criminal Procedure and attention to the incrimina......e Jurisdiction) Present: Syed Md. Ziaul Karim J Abdur Rob J State...............................................................Petitioner Vs. Tariqul Islam alias Rinku and 20 others……......Convict-appellants Judgment July 17, 2011. Result:......ession Judge and Special Tribunal, Jhenaidah for confirmation of death sentence of the condemned-prisoners. 2. By the above appeals and Rule the appellants and the petitioner have challenged the legality and propriety of the Judgment and order of conviction and sentence dated 28-2-2006 passed b..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
.... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ......lso Reported in: ......wise detaining the vessel M.T. SCEPTRE for which the vessel left Bangladesh without any objection from the defendant. But later when it came again to Bangladesh with cargo the plaintiff effected an illegal arrest of the vessel and compelled the carrier to furnish bank guarantee for an amount of BD. ..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
.... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ......ional Jurisdiction) Present: AKM Fazlur Rahman J SM Zakir Hossain J Kaisar-uz-zaman……………………Petitioner Vs. State and others………………….Opposite Party Judgment ......nce against the petitioner by the Senior Special Judge, Sylhet, the provision of taking prior sanction of the Government before taking cognizance of the offence was non-existent. So there was no legal necessary for taking sanction of the Government before taking cognizance of the offence in thi..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....s father Sultan Uddin Bhuiyan was a bargadar under the pre-emptor's father and later on under her. Pre-emptor requested the respondent No.2, the vendor on different occasions to partition the joint property left by her parents. Pre-emptor's husband being a Government Servant, she used to stay with......sain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Habibur Rahman Bhuiyan and others........................Appellants Vs. Mosammat Galman Begum and others...................restoring the judgment of the trial Court on the point of limitation, inasmuch as, the Court of appeal below disbelieved the pre-emptor's witnesses merely on the ground of relationship which is not a legal ground for disbelieving a witness. 10. On the point of the defect of parties, the Court of ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
....or in the alternative for partition. The cause of action of a partition suit is recurring. The plaintiffs may have recourse to legal measures before the appropriate Court for partition of ejmali property if their claim is not otherwise barred (emphasis supplied). 10. The findings arri......lam & others…………Respondents Judgment June 9, 2011. Result: The petition is dismissed. Cases Referred to- Khairullah Vs. A.D.C. (Revenue) and another, (2002) 54 DLR (AD) 13; Abu Ali Chowdhury Vs. The State, (1997) 5 BLT (HCD) 3; Nuru Mia ......or declaration of title and recovery of possession of the suit land or in the alternative for partition. The cause of action of a partition suit is recurring. The plaintiffs may have recourse to legal measures before the appropriate Court for partition of ejmali property if their claim is not o..Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ...... Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Arif-Uz-Zaman…………………………..............Petitioner Vs. The State and another…………………….............Respondents ......heque." 10. From clause (a) of sub-section (2) of section 123A it appears that when a cheque is crossed “account payee” it ceases to be negotiable. Now we are to see what is the legal implication of these words “shall cease to be negotiable”; to answer this question..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Nazir Vs. State, 2011, 40 CLC (HCD)
....to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6(six) months more should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule may be, briefly, stated as follows:—Ac......f justice..........(14) Proper use of section 561A Care should be taken so that the jurisdiction under section 561A can not be invoked for the purpose of examining the correctness, legality and propriety of any finding, sentence and order passed by the criminal courts……&helli......re ends of justice..........(14) Proper use of section 561A Care should be taken so that the jurisdiction under section 561A can not be invoked for the purpose of examining the correctness, legality and propriety of any finding, sentence and order passed by the criminal courts…&hell..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
....ng and must be deemed to connote every kind of defect which does not affect the merit of the case, whether the defect be fatal to the suit or not, rejection of a material document for not having a proper stamp and the erroneous valuation of the subject matter of the suit. Failure of the plaint......………….Appellant Vs. Ashoke Kumar Das & others…………………Respondent Judgment June 2, 2011. Result: The appeal is disposed of. Words and phrases Formal defect Formal defect includes every kind of defect which is in no way ......rayer for withdrawal of the suit. Mr. Mahbubey Alam, learned Advocate on behalf of respondent No.11-14 also submits that section 14 of the aforesaid President Order stand a bar for instituting any legal proceeding against property vested in the Government as per President Order No.16 of 1972 a..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)
.... the learned Joint District Judge and Arbitrator, Dhaka in Arbitration Revision No. 110 of 1992 should not be set aside or pass such other or further order or orders as to this court may seem fit and proper. 2. The facts of the case, in short, are that the present applicants were the owners of a......Hassan J Chairman, Rajdhani Unnayan Katripakkha, RAJUK Bhaban, RAJUK Avenue, Motijheel, Dhaka-1000.............................Opposite Party-Respondent-Petitioner Vs. Mosammat Rahima Khatun and others.............Petitioners-Respondents-Opposite Parties Judgment June 2, 2011. Lawy......ule is herby vacated. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in:..Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165
Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)
....respondents No. 4 shall not be directed to take steps to seal all the sewerage lines linked with river Buriganga and/or pass such other or further order or orders as to this court may seem fit and proper.” 2. Human Rights and Peace for Bangladesh, a non governmental organization has m......is Case is also Reported in: ...... “Let a Rule Nisi be issued calling upon the respondents to show cause as to why the inaction of the respondents to stop pollution of water of Buriganga river, shall not be declared illegal and without lawful authority and why a direction shall not be given upon the respondents to ..Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... CGG Veritas, France, a short listed company is at liberty to file a complaint afresh, if so desires and the respondent no.3 is hereby directed to adjudicate the complaint, if so made, upon giving proper notice to BGP (Bangladesh) International, in accordance with law. With the above obser......ision (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J BGP Inc., China National Petroleum Corporation…...........Petitioner Vs. Bangladesh and others…………...........Respondents Judgment May 29, 2011. Result: The......Km of 2D seismic survey in Block Nos.2, 3, 4, 6, 8 and 11 under proposal No.31.02.204/160 issued on 11.04.2010, should not be declared to have been passed without lawful authority and hence, of no legal effect. At the time of issuance of the Rule the operation of the impugned decision dated..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....ctors of an issuer will fix the record date. It was contended that the fixation of record date is a legal compulsion, which is a duty assignment on the board of directors to discharge the same at the proper time when arrives and the Court may not interfere with regard to fixation of record date in a......Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......n under section 2CC of the Securities and Exchange Ordinance, 1969 conforming that the board of directors of an issuer will fix the record date. It was contended that the fixation of record date is a legal compulsion, which is a duty assignment on the board of directors to discharge the same at the ..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....- as cash credit hypothecation and Tk. 10,00,000/- as cash credit pledge, in all Tk. 12,00,000/- in favour of the plaintiff. The defendant No.2 became the guarantor of the said loan and mortgaged his property mentioned in the schedule of the plaint with the bank by a registered deed. In the sanction...... (Civil Appellate Jurisdiction) Present: Faruque Ahmed J Obaidul Hassan J Manager, Rupali Bank Ltd..........................Plaintiff-Appellant Vs. M/S New Music Corner and another …….......Defendants-Respondents Judgment May 18, 2011. Result T......against the defendant and prayed for a 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 ..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
.... Law Proclamations etc. and all acts and actions taken thereunder, illegally made by the Second and Third Parliaments. 24. Let it be unhesitatingly proclaimed if it is not already understood and properly appreciated that the people of Bangladesh are unquestionably sovereign. The violation of th...... Syed Mahmud Hossain J Md. Imman Ali J Monzur Ahmed Bhuiyan & others...........Petitioners Vs. Adilur Rahman Khan and others.............Respondents Judgment May 16, 2011. &nb......ion No. 6488 of 2008. 2. The High Court Division after hearing by its judgment and Order dated 13-11-2008 declared that the impugned Ordinance had been made without lawful authority and is of no legal effect and ultra vires the Constitution. The Court further declared that all acts done or deed..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....on 57 of the Artha Rin Adalat Ain, 2003 (shortly Ain, 2003) stating, inter alia, that the petitioner was willing to pay the entire outstanding dues if the petitioner was allowed to sell the mortgaged property by private negotiation. The petitioner prayed for granting a certificate authorizing him to......urt Division (Special Original Jurisdiction) Present: Md. Emdudul Huq J Md. Abu Zafor Siddique J Major (Retd.) Rafiq Hasan Faruq ........................Petitioner Vs. Bangladesh and others.................................Respondents Judgment May 16, 2011. Result: Th......ow cause as to why the Order No. 28, dated 18.4.2010, (Annexure-E), passed by Artha Rin Adalat, 1st Court, Dhaka, in Artha Execution Case No. 682 of 2005, should not be declared to have been passed illegally, without lawful authority and is of no legal effect." By the Rule issuing order the proce..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... 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: ......High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J S.M. Humayun Kabir............................Petitioner Vs. Bangladesh and others…...........………….Respondents Judgment May 15, 2011. Result: ......dents releasing the petitioner from service on accepting his resignation letter dated 18.04.2007(Anneuxre-H) should not be declared to have been passed without lawful authority and hences, is of no legal effect. 2. Facts, in brief, are that the petitioner was appointed in the BCS (General Ed..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....242 and 109 of the Penal Code, now pending in the Court of Divisional Special Judge, Dhaka, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of this Rule, in brief, is that on 17-06-2002 one ......f Hossain Humayun, Senior Advocate with Awsafur Rahman, Advocate - For the Petitioner. SK Zahid Sarwar, Deputy Attorney General with Md. Aminur Rahman Chowdhury (Tiku) Assistant Attorney General and Monzu Naznin (Rosy), Assistant Attorney General - For the State. Khurshid Alam Khan, advoca......s entirety and be accepted as true, does not disclose any offence under the aforesaid sections of the law. He next submits that, there is no allegations against the petitioner as to how he has illegally earned an amount of Taka 50,00,000 (fifty lakh) by dishonest means, as alleged, and that not..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
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