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Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....wasthy it was further held by the Supreme Court of India: "In view of the fact that no prejudice has been shown. As is rightly pointed out by learned counsel for the appellant, unless failure of justice is occasioned or that it would not be in public interest to do so in a particular case, this......n to conduct any lawful trade or business subject to certain restrictions imposed by law. The Court would always insist that an authority exercising such a drastic power of cancellation acts strictly according to law and always with fairness." 8. Mr. Munshi also cited the decision of Bangladesh...............................Petitioner Vs. Bangladesh Bank and others.............Respondents Judgment January 18, 2012. Result: The Rule is discharged. Cases Referred to- Bangladesh vs. Tajul Islam, 49 DLR (AD) 177; Bangladesh Telecom Pvt. Ltd. Vs. Bangladesh T ......Money Changer license of the petitioner issued by Foreign Exchange Policy Division, Bangladesh Bank at the signature of the respondent No.4 should not be declared to have been made and issued without lawful authority and is of no legal effect. At the time of issuing Rule the parties were directed to..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....rom legal infirmity and liable to be set-aside. Mr. Mahbubey Alam, learned Advocate, further submits, that section 57 of Artha Rin Adalat Ain, 2003 gave the Court ample jurisdiction to do justice where it requires, as such, when the heirs of the original owners wanted to maintain the pro......f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ......, Order XXXIV, rule 5 Absence of reference of Review Committee in final decree- In the final decree there is no reference of Review Committee or any one else, neither is there any direction to take consideration into any decision of any Review Committee or any other authority or person. It...... any thing stated in preliminary decree……..(14) Whether the sale of the property once made absolute can be affected even if the decree is overturned- It is settle principle of law the sale of the property once made absolute the same is not affected even if the decree is rever..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
.... argued to the effect also that this defendant-petitioner has got no other homestead to live in with his other family members and in the circumstances the courts below has committed great injustice to this defendant in passing the decree for specific performance of contract against hi......, from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ...... Abdul Wadud Bhuiyan, Senior Advocate, instructed by Giasuddin Ahmed, Advocate-on-Record—For Respondent No.1. Respondent No.2—Not represented. Civil Petition for Leave to Appeal No.1569 of 2011. (From the judgment and decree dated 24.02.2011 passed by the High Co......, from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....oject. Since the question of division comes at apex for finality in the award of the Arbitral Tribunal although some delay is there but to make it complete, fruitful and effective and for the ends of justice since the provision of Civil Procedure Code has been excluded from arbitration proceeding Md......eous Case by its order dated 5-10-2008 and thereby appointed two Arbitrators one for each. Thereafter, the appointed Arbitrators on 24-1-2009 at their first sitting agreed to appoint one Chairman and accordingly they selected the Chairman of the Arbitral Tribunal. After appointment of the Chairman o......y;neers Ltd................Respondent Judgment January 12, 2012. Result: The Appeal 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......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: ......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: ......ment January 12, 2012. Result: The Jail Appeals are allowed. Lawyers Involved: Md. Aminur Rashid, Advocate-For the appellants in both the appeals. Yousuf Mahmud Morshed, Assistant Attorney General-For the respondent in both the appeals. Jail Appeal No.1285 of 2005 And Ja......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)
....tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ......odified the ad-interim order passed in Civil Miscellaneous petition No.805 of 2011 allowing the release of the imported goods on furnishing a continuing bank Guarantee for the differential amount and accordingly the petitioner vide Annexure- 'K' to the Supplementary Affidavit furnished the Bank Guar......am J.- Let the supplemenÂtary-affidavit be formed part of the main application. 2. At the instance of the petitioner Messrs SS Enterprise, this Rule Nisi was issued calling upon the respondents to show cause as to why the illegal holding over the goods covered under LC No.135211010074 dated 20......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)
....ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ...... for lease to Appeal No.514 of 2010 of the Appellate Division of Supreme Court of Bangladesh. 18. In the light of the above findings we are of the opinion that there is no merit in these Rules and accordingly all these rules are to be discharged. In the result, the Rules are discharged. 19.......ut it does not lose its charÂacter as negotiable instrument as defined in section 13 of the Act.………….(10) Interpretation of Statute The principal object of interpretation is not only to find out a parÂticular meaning of a word or words in a statute, but to find out the intention of......ellaneous Case No.9523 of 2009, Criminal MiscellaÂneous Case No.9522 of 2009, and Criminal MiscelÂlaneous 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)
.... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ...... acceptance of Tk.15, 00, 000/- of the consideration money on 15.02.94 has negated the aspect of time being of the essence of the contract and effectively extended the period of limitation. Moreover, according to section 55 of the Contract Act, if it was the intention of the parties that the time sh......ppeals) Vs. Amena Begum Ali Ispahani…………….....Respondent (In both the appeals) Judgment January 10, 2012. Result: The appeals are allowed. Cases Referred to- 5 BLD (AD) 51;Civil Petition for Leave to Appeal No.360 of 2000;Manjunath Anandappa Urf Shi......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)
....nd and he also proved the same by adducing necessary evidence. The learned advocate for the petitioner has submitted that the impugned judgment and order of the High Court Division has caused great injustice to this plaintiff-petitioner and as such this Division's interference is necessary. ......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. ......in Mahmud, Senior Advocate instructed by N. I. Bhuiyan, Advocate-on-Record —For the Petitioner. Md. Mazibur Rahman, Advocate-on-Record —For Respondents. Civil Petition for Leave to Appeal No.1703 of 2010. (From the judgment and order dated 21.01.2010 passed by the High Cou...... 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)
.... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ...... January 6, 2012. Result: The impugned orders and decisions are set aside. Lawyers Involved: Manzill Murshid, Advocate-For the petitioner. A.B.M. Altaf Hossain, Deputy Attorney General with Ms. Yehida Zaman, Assistant Attorney General-For the Respondents. Writ Pe...... 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)
....aka (Annexure-G) and such other malafide documents are not usable against the petitioner and/or pass such other or further order or orders as to Your Lordships may seem fit and proper for the ends of justice.” and accordingly, the Rule was issued. 5. A Division Bench of the High Co......other malafide documents are not usable against the petitioner and/or pass such other or further order or orders as to Your Lordships may seem fit and proper for the ends of justice.” and accordingly, the Rule was issued. 5. A Division Bench of the High Court Division after hearing...... Petitions are dismissed. Lawyers Involved: In Person- For the Petitioner (In both the cases) None represented- For the Respondents (In both the Cases) Civil Petition for Leave to Appeal No. 2356 Of 2010 With Contempt Petition No.05 of 2011. (From the judgmen......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)
....per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ......per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ...... The petition is dismissed. Lawyers Involved: Khan Saifur Rahman, Senior Advocate, instructed by Gias Uddin Ahmed, Advocate-on-Record-For the Petitioner. Motahar Hossain Saju, Deputy Attorney General, instructed by Mr. Sufia Khatun, Advocate-on-Record-For the Respondents. Civil P......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 ComÂmission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
....udge, he did not pay any heed to the same which proved the biasness of the Divisional Special Judge and created an apprehension in the mind of he accused that he would not get fair and impartial justice from him. After examination of P.W.1 on 9-6-1999 while prayer for adjournment was ......ution witnesses, the petitioner was examined under section 342 of the Code of Criminal Procedure (the Code) and he, after claiming himself to be innocent, wanted to examine defence witnesses and accordingly, on 14-06-2010 was fixed for examination of the defence witnesses. On this date, on the ......ahtab, Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record—For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondents. Criminal Petition for Leave to Appeal No. 657 of 2010. (From the judgment and order dated the 18th day of July, 2010 passed......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)
....he land transferred and the land of the petitioner. The learned Advocate has contented that the findings and decision arrived at by the courts below have been erroneous causing great injustice to this present petitioner and as such interference by this Division is necessary. ......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. ...... Vs. Mohammad Abdul Mannan and others…………………........Respondents Order January 2, 2012. Result: The Civil Petition for leave to appeal be dismissed. Whether the pre-emptors owned and possessed any land contiguous to the......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)
....tigation shall make an order stopping further investigation into offence unless the officer making the investigation satisfies the magistrate that for special reasons and in the interest of justice the continuation of the investigation beyond the specified period is necessary in which case......1990 by which the Bureau informed the Magistrate that the Bureau had sought for such sanction. So the period for obtaining sanction may, at best, be reckoned from 24-1-1990 upto 20-12-1992 when, according to the charge sheet, the sanction letter was issued by the then Prime Minister's Offic......hellip;………………….....................Opposite Party Judgment January 1, 2012. Result: The Rule is made absolute. Cases Referred to- Abdul Wadud Vs. State, 48 DLR (AD) 7; Malek Hossain Pir Vs. Begum Nurjahan Khanam, 15 MLR (......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. ......¦¬à§‡à§Ÿà¦¾à¦‡â€™, Khurshed Ali told him that the petitioner being in poverty wanted to sell me gold ornaments of his wife. The P.W. told his ‘বেয়াই’ that he would give taka 3000.00 and accordingly, he having gone home, sent the said money. The P.W. took Anguri Khatun to his house on â...... Judgment December 15, 2011. Result: The appeal is dismissed. Lawyers Involved: Md. Helal Uddin Mollah, Advocate—For the Petitioners. Zahirul Haque Zohir, Deputy Attorney General—For the Respondent. Jail Petition No.11 of 2007. (From the judgment and ......y P.W.1, the informant (hereinafter referred to as the P.W.) is that Anguri Khatun, his daughÂter 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 conÂdemned-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)
.... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ...... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ......ip;……………………………Respondent Judgment December 15, 2011. Result: The appeal is allowed. Case Referred to- Akhter Hossain Vs. State, 51 DLR 40. Lawyers Involved: Sikder Mahmudul Razi, Advo......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 othÂers, 2011, 40 CLC (AD)
.... 5. Mr. Bivash Chandra Biswas, the learned Advocate for the appellant-petitioner has argued that in this ease both the executing court and the High Court Division has committed a grave error and injustice also in not taking into consideration at all the undisputed fact that this petitioner purÂc......the petitioner filed appeal which is still pending. Later there was an amicable setÂtlement between the petitioner and the wife of Hossain Ahmed Chowdhury, namely, Mrs. Dilruba Hussain Chowdhury and accordingly the petitioner filed an application before the Cantonment Board, Dhaka for mutation of h...... 2. Mahbuby Alam, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For Respondent No.14. Respondent Nos. 3-13, 15 & 16—Not represented. Civil Petition for Leave to Appeal No.1728 of 2009. (From the judgment and order dated 28.05.2009 passed by the High Court......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
....ourt of appeal or revision. The inherent jurisdiction under this section, though wide has to be exercised sparingly, carefully and with caution in a rarest of the rare case to do real and substantial justice for which Court exists. There is no scope to invoke the inherent jurisdiction under section ......pecial Sessions Judge, Court No.2, Dhaka so far it relates to accused-petitioners shall not be quashed and/or such order or further order or orders passed as to this Court may seem fit and proper and accordingly Rule issuing Bench also passed the order of analogous hearing of these two matters on 12......
Rule of stare decisis
The subordinate courts should not follow previous decision which has been overruled by the Appellate Division because it may give wrong result. So Court will not adhere to a rule of principle established by previous decisions which has already been found to be an erron...... 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)
.... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ...... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ......spondent No.1, Mohammad Shahjahan filed the above mentioned writ petition challenging an office order vide memo dated 17.12.2002 cancelling fixation of his pay under F.R.22(a)(i) as Project Director and all other subsequent fixation of his pay. 3. The case, as stated in the writ petition, ...... 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
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