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Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....al is allowed. Arbitration Act, 2001; Section 7A and 21 Whether any Signatory of the Agreement is a Necessary or Proper Party in the Proceedings- After appreciating the provisions of section 7A and 21 of the Arbitration Act, 2001, it is manifest that the......nbsp;and 21 of the Arbitration Act, 2001, it is manifest that the application for addition of patty by the 2nd party to implead the 3rd party in the proceedings does not come within the ambit of law. Therefore, as to whether any signatory of the agreement is a necessary or proper party in the p..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
....ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ......icted and sentenced them as aforesaid by his judgment and order dated 27.9.2005, challenging which the convict-appellants filed these two jail appeals separately. 8. Mr. Md. Aminur Rashid, a panel lawyer appointed by the Ministry of Law, Justice and Parliamentary Affairs to provide legal aid to t..Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155
SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)
....to make final assessment on the basis of CRF certificate being CRF No.BV 1119e54d dated 16-8-2011. 3. The background leading to this Rule, in short, is that the petitioner in accordance with the provision of Customs Act sought for release of the goods now lying under the custody of the Commissi......holding over the goods covered under LC No.135211010074 dated 20-7-2011 and Bill of Entry No.112274 dated 6-9-2011 by not releasing the same shall not be declared to have been passed illegal, without lawful authority and is of no legal effect and why a direction shall not be given to make final asse..Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
.... these matters as has been so issued are to be made absolute. 5. Mr. KB Rumy the learned Advocate for the accused-petitioner, at the very outset of the submission, has drawn our attention in the provision laid down in section 123A of the Negotiable Instruments Act which has been placed in Chapt......ellaneous Case No.9523 of 2009, Criminal Miscellaneous Case No.9522 of 2009, and Criminal Miscellaneous Case No.24730 of 2009 are taken together for disposal in one Judgment since the question of law and facts involved in those cases are identical in nature and the rules, so issued, are also fou..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....ose to send a legal notice to the Purchaser giving her one month within which to conclude the sale. It was argued that this ultimatum makes time of the essence of the contract. In this connection the provisions of the latter part of section 55 of the Contract Act may be referred: “Effect of f......ehalf of the Vendor shall obtain the necessary Income Tax Clearance Certificate from the Income Tax Authority as required by section 184 of the Income Tax Ordinance, 1984. Although under the relevant law it is the duty of the seller to obtain the said certificate and to pay capital gains tax, the pa..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ...... registry office for executing and registering the said deed. That the predecessor of the defendant Nos.1 to 11 created that kabala deed by false personification. Thai the said kabala deed was also unlawfully registered in Gabtoli Sub-Registry office though the land of the said kabala deed was not w..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... and not tenable in the eye of law. 12. The duty and responsibility vested upon the respondents is to serve the people and initiate lawful steps and the respondents are duty bound to obey the provisions of law. Yet, they have failed to perform those duties and responsibilities by failing to...... no.8, intimating the refusal to pay the Hon’ble Judges of the Supreme Court of Bangladesh their medical bills for treatment (as of Annexure-D and D-1), should not be declared illegal and without lawful authority and why a direction should not be given upon the respondents to pay-sanction the m..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Mohammad Noor-E-Alam Jahangir Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ......een filed with the paper book of the leave petition. On perusal of the review application, it appears that as many as 7(seven) grounds were taken but none of the grounds conformed with the mandate of law as provided in Order 47 of the Code. Therefore, the High Court Division did not commit any error..Category: Civil Law, Contempt of Court Law | Date: 5 Jan, 2012 | Hits: 90
Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)
....ority and of no legal effect. 7. Mr. Motahar Hossain Saju, the learned Deputy Attorney General appearing on behalf of the respondents submits that transfer of the instant case was done under the provisions of sections 5/6 of the Druto Bichar Tribunal Ain, 2002, which is special law enacted for ......is an invasion on the independence of the judiciary and the impugned S.R.O. dated 14.10.2010 transferring the case from the Court of Sessions, Madaripur to the Druto Bichar Tribunal, Dhaka is without lawful authority and of no legal effect. 7. Mr. Motahar Hossain Saju, the learned Deputy Attorn..Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92
Anti-Corruption Commission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
....ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ......witnesses, he felt that he would not get fair justice from him. The function of the Public Prosecution is to produce witnesses on behalf of the prosecution and to examine them in accordance with law and to get the relevant documents proved by the witnesses in support of the prosecution case and..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ......e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....ed Magistrate was lawful and if not, what would be the consequence of the actions taken by the Courts below in relation to the proceedings. 20. On this issue we firstly need to consider the provision of sub-sections (5), (7) and (7 A) of section 167 of the Code, 1898, as those provisions s......ontinuation of the extension made by the learned Magistrate. 19. Against the back-drop stated above, the legal issue before this Court is whether the extension made by the learned Magistrate was lawful and if not, what would be the consequence of the actions taken by the Courts below in relatio..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Somed Ali Vs. State, 2011, 40 CLC (AD)
....death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ......y P.W.1, the informant (hereinafter referred to as the P.W.) is that Anguri Khatun, his daughter was killed in the night of the 1st Kartik, 1406 B.S. at about 3/4 o'clock at the house of his son-in-law Somed Ali, the condemned-petitioner (hereinafter referred to as the petitioner). Anguri Khatun..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)
....regarding deposition of allegedly defalcated wheat and rice. Thus for the investigation held by the junior officer the appellant has become seriously prejudiced which cannot be cured by the provision of section 537 of the Code of Criminal Procedure. The learned Judge of the trial Court als......ntence is liable to be set aside. 9. On the other hand, Mr. Mohammad Taifoor Kabir, learned Advocate appeared in this case with the permission of this Court on behalf of the State. Since he is a lawyer of Anti-Corruption Commission and the case is under section 5(2) of the Prevention of Corrupt..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and others, 2011, 40 CLC (AD)
....record." Security of Tk. 1,000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ......as renumbered as Title Execution Case No.3 of 2003 and was transferred to the Artha Rin Adalat No.4, Dhaka for disposal. In this Adalat the sale deed was executed and registered as per due process of law on 10.07.2003 and the possession also of this auction sold property was delivered to the auction..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
....ese two accused-petitioners have invoked this inherent jurisdiction under section 561A of the Code of Criminal Procedure to quash the proceeding on several grounds including the violation of the provisions laid down in section 32 of the Anti-Corruption Commission Act, 2004 and rule দুর্...... determined in the light of the merit of each case and the previous decision should not be followed where error is likely to be perpetuated and wrong may also be committed. Moreover, on the change of law the decision is also to be properly evaluated in order to implement the existing law in its true..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)
....0-125-4425 with effect from 25.08.1988 (date of joining as Project Director) as per F.R.22(a)(i). The said application was approved by the authority and the petitioner's pay was duly fixed as per provision of F.R.22(a)(i) and he was drawing his monthly salary without any hindrance. But the respo...... very argument of the learned Counsel for the appellant. The learned Counsel could not show us any papers or any other material to substantiate his argument that IRDP was not a government project. No law, rule or even any government circular could be produced before us to substantiate the argum..Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....ded that the petitioner being a permanent Officer of BJMC and BJMC having had transferred him to the disinvested Jute Mills without obtaining his consent, the said action of BJMC was violative of the provision of paragraph-17 of the notification dated September 27,1982. The action of BJMC in trans......e said writ petition before the High Court Division challenging his release order dated 31-12-1982 from Bangladesh Jute Mills Corporation (BJMC) i.e. the present appellant to have been issued without lawful authority and is of no legal effect and as to why a direction in the nature of mandamus shoul..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... the statutory deposit under law. 6. This Rule is not opposed by the respondents by filing any affidavit in opposition. 7. To the appreciate the issue let us first discuss some of the provisions of VAT Act and the Customs Act, 1969 relevant in this regard Section 42 of the VAT Act s......5,98,44,700.67 allegedly to have fallen unpaid VAT, under Section 55(1) read with section 37(2) of the Value Added Tax (VAT) Act, 1991 (Annexure-C) shall not be declared to have been issued without lawful authority and is of no legal effect. 3. The background leading to the Rule, in short, ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....on Commission Act, 2004. It is contended that submission of charge sheet after the prescribed period of 60 days and lodgment of FIR without prior sanction of the Commission are also illegal under the provisions of Anti-Corruption Commission Act and Rules there under. It is submitted that there is no......ey for the Zia Orphanage Trust, she had no control over it and it became money of the Zia Orphanage Trust; and it being a Private Trust, the Government or Anti-Corruption Department has no control or lawful authority over the Trust to bring the instant Criminal Proceeding in this manner. The Orphana..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
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