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Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....d thereunder, the Town Improvement Act, 1953 and the Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970 without demarcating the lands by metes and bounds by a properly constituted partition suit and whether the High Court Division is justified in restraining ......ppellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh and Others……………..Appellants (In Civil Appeal No. 88 of 2010) The Chairman, Rajdhani ......eased to exist and as such, previous land owners do not and cannot retain any particle interest in any unit of the land acquired and thus the High Court Division proceeded on irrational, illogical, illegal and ultra vires premise of portability of acquired vested land and so erred in law in directin..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....t to suffer R.I. for 5(five) years more in Nari-0-Shishu Nirjaton Damon Case No.447 of 2000 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 relevant for disposal, in short, are that the accused petitioner Md. Abul......lip;…………....For the Opposite party Judgment May 15, 2011. Result: The rule is made absolute. Cases Referred To- Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44; Mofazzal Hossain Mollah and others Vs. The State, 45 DLR (AD) 175; Abdul......se of the victim and pressed napkin (gamsa) in the mouth of the victim and showing fear of knife committed rape upon her and also threatened her not to disclose the occurrence. After observing of all legal formalities the case was transferred to the court of Nari-0-Shishu Nirjaton Damon Bishesh Trib..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....any remedy, specially when Art.21 pronounces:
It is the duty of every citizen to observe the Constitution and the laws, to maintain discipline, to perform public duties and to protect public property.
Every person in the service of the Republic has a duty to strive at all times to serve......p;………Appellant (In Civil Appeal No.594 of 2001)
Vs.
Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Religious Affairs and others…………………..Respondents (In both the appeals......ance find the choicest stores of his industry suddenly converted into useless and cumbersome rubbish.” (18. Prof. J.H. Baker: An Introduction to English Legal History).
Let me hark-back to legal history as suggested by Prof. Amos but very briefly, in order to trace the development of juri..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....truments Act, 1881, now pending in the Court of the Metropolitan Sessions Judge, Chittagong should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of the Rule may be briefly stated as follow...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Shahnaj Begum Munni..........Petitioner Vs. The State and another .....................Opposite parties Judgment May 12, 2011. Result: The Rul......ank again 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 30.0..Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
.... of 2007, now pending in the Court of Special Judge, Court No.7, Sher-e-Bangla Nagar, 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 are that, one Mr. Ashraful Islam, Ass......ssain Humayun, Senior Advocate with Md. Khairul Alam, Advocates - For the Petitioner. SK Zahid Sarwar, Deputy Attorney General with Md. Aminur Rahman Chowdhury (Tiku), Assistant Attorney General and Monzu Nazneen (Rosy), Assistant Attorney General - For the Opposite Party No.1 (State). Md.......ion dated 17-3-2008, accorded by the ACC in this case, is absolutely lawful and the same was accorded after proper application of mind to the facts and circumstance of this case. Hence, there is no illegality in launching the prosecution solely against the accused petitioner and the Rule issued in t..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
.... Sherpur Town Branch on 23.03.1987. The defendant applied to the bank for granting loan for an amount of Tk. 1,00,000/- as C.C., hypothecation. The plaintiff bank asked the defendant to mortgage some property and accordingly the defendant mortgaged the .05 decimals of land mentioned in the schedule ...... Not represented- 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,......ction 30 of the Bank Companies Act, 1991 the Court’s hands are tied in exempting the interest charged by the bank. The learned Judge, Artha Rin Adalat, First Court, Sherpur without appreciating the legal provision passed the decree which is liable to be modified. 12. We have gone through the ..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
..... share "Share" means a share in the capital of the company, and includes stock 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 fo......Division (Civil Appellate Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Syed Moazzem Hossain (Md.)..........................Appellant Vs. Tahsia Khanam and others……..........................Respondents Judgment May 8, 2011. ......es were 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 getti..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)
....curity for payment of the debt of a person, primarily against in person, and secondarily against the res since the failure of the person in discharging his debt shift’s the burden of payment to the property, i. e. the vessel M. V. BF Glory. 59. The contention of the learned Advocate Mr. AKM. ......ted Attorney M/S Kabir & Associates, 40/A, Panchlish Residential Area, Chittagong, Bangladesh……...Plaintiff Vs. 1. M.V. BF Glory (Ex-kunai), A vessel now berth at CUFL, Jetty, P.S.-Bandar, Chittagong, Represented by their local agent defendant No.5 M/S. Mariners Transport System Co...... AFM Abdur Rahman J.- Admiralty Suit No. 19 of 2009, Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009, although have been heard separately one after another, yet as the factual and legal aspect involved in these suits are similar, the same are now disposed off by this single judgm..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....-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.......wyers Involved: Sk Muhammad Serajul Islam, Advocate - For the Accused Appellant. KM Zahid Sarwar, Deputy Attorney-General with Md. Aminur Rahman Chowdhury (Tiku), Assistant Attorney-General and Monzu Naznin (Rosy), Assistant Attorney-General - For the State. Criminal Appeal No. 457 o...... a deciÂsion, reported in 40 DLR (AD) 290, in the case of Sree Kalyan Kumar Vs. State, wherein it has been held that, "Bail is not to be withheld as a punishment [PLD 1972 (SC) 81]. There is no legal compulsion to keep people in jail merely on the allegaÂtion that they have committed offences..Category: Women and Children | Date: 2 May, 2011 | Hits: 171
National Board of Revenue and others Vs. Lt. Col. Kazi Shahid Ahmed (Retd.), 2011, 40 CLC (AD)
.... 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. ......(Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J National Board of Revenue and others…………..............Appellants Vs. Lt. Col. Kazi Shahi......of signing of the undertaking (Annexure-1 to the writ petition). Being aggrieved, the respondent No.1, filed the instant Writ Petition No.1953 of 1996, before the High Court Division, challenging the legality of the Orders dated 14-2-1996 and 28-5-1996. 3. The Rule was contested on behalf ..Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217
Anwar Cement Limited and others Vs. Bangladesh Bank and other, 2011, 40 CLC (HCD)
....fore, the rule is disposed of with the above observations without any order as to costs. The order of stay stands vacated. Md. Abu Zafar Siddique J.- I agree. This Case is also Reported in: .......- I agree. This Case is also Reported in: ......uzzarnan -For the Petitioners. Forrukh Rahman-For Respondent Nos. 2 and 4. Writ Petition No.6016 of 2008. Judgment Zinat Ara J.- In this rule nishi the petitioners called in questions the legality of the publication of the names of the petitioners as loan defaulters against Borrower Code..Category: Banking Law | Date: 24 Apr, 2011 | Hits: 363
Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)
....we find no merit in the submissions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ......ud Hossain J Muhammad Imman Ali J Kartic Das Gupta…………………………Petitioner Vs. Election Commission of Bangladesh and others………….......Respondents Judgment April 3, 2011. ......election fixing the date on 19.01.2011 without preparation of fresh voter list excluding the Rohingas should not be declared to have been included without lawful authority and is of no legal effect and why the respondents should not be directed to prepare a fresh voter list excluding ..Category: Election Law | Date: 3 Apr, 2011 | Hits: 168
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
....Nos. 173 and 174 in respect of the suit land were published in their names. They were in possession of the same through their bargadar, Meher Mondal. After their death plaintiff Nos.1-4 inherited the property of Farek Uddin and plaintiff No. 5 inherited the property left out by Forman Ali. They were......nd down the lower Court records. Ed. This Case is also Reported in: .......2758 of 2006. Judgment Md. Ruhul Quddus J. - This Rule at the instance of plaintiff-respondents was issued on an application under section 115 (1) of the Code of Civil Procedure to examine the legality of judgment and decree dated 15.5.2006 passed by the First Court of Joint District Judge, G..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....nt who commits or attempts to commit criminal misconduct*** shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both and the pecuniary resources or property to which the criminal misconduct relates may also be confiscated to the state." 3...... High Court Division (Criminal Appellate Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J ATM Qamruzzaman Khan................Appellant Vs. State and another.........................Respondents Judgment March 29, 2011. ......, the then Authorized Officer alone approved the said plan without placing the same before the Building Construction Committee. Both of them in collusion with each other created the said fake plan, illegally and thus the accused-persons committed offence under section 5 (2) of the Prevention of Corr..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
.... she filed the false case for the purpose to create pressure upon the accused. So that, they are evicted from their hut as they are new comer in the locality from Noakhali and her father can grab the property. 13. P.W.2 Md. Tafazzul Hussein, cousin of the victim, deposed that he heard about vic......ssistant Attorney-General - For the State. 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 Nirja...... kind of immoral act. But, it is the principle of Criminal jurisprudence that an accused should be dealt in accordance with law and before awarding any punÂishment a judge should have considered the legal evidence and proposition of law and he will not act as a social activist, rather he should hav..Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)
....nt being aggrieved by the assessment order by the DCT preferred appeal before the Commissioner of Taxes (Appeal) on the same ground but the Commissioner of Taxes (Appeal) failed to grasp the error in proper understanding of law and upheld the decision of the Deputy Commissioner of Taxes. Therea......;s Cirle-15/Taxes Zone-05/2008-2009. 2. Facts leading to the filing of this Reference Application, in short, are that the applicant is engaged in share trading business as a limited company and a regular tax payee. Under section 53BBB of the Ordinance as a regular payee he paid tax at the ...... supply of goods of execution of contract falling under section 52 shall be deemed to have fully discharged from tax liability. The further levy of taxes by the Deputy Commissioner of Taxes is illegal" and this judgment has become a binding precedent. The Deputy Commissioner of Taxes (here..Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
....e suit maintainable in its present form? 2) Is the suit barred under section 42 of the Specific Relief Act? 3) Whether the defendant Nos.1 and 2 have legal title and possession in the property of Other Suit No. 41 of 1974? 4) Whether the defendant Nos.1 and 2 had authority to wi......is also Reported in: 65 DLR (HCD) (2013) 543 ......lowing issue:— 1) Is the suit maintainable in its present form? 2) Is the suit barred under section 42 of the Specific Relief Act? 3) Whether the defendant Nos.1 and 2 have legal title and possession in the property of Other Suit No. 41 of 1974? 4) Whether the defenda..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....sly examined and considered both the judgments of the trial court and appellate court and the evidence on record and came to a clear finding to the effect that the findings of the appellate court are proper and based on materials on record and that these findings of fact as arrived at by the appella......Division (Civil) Present: Md. Mozammel Hassain J Surendra Kumar Sinha J Wahhab Miah J Nazmun Ara Sultana J Syed Mahhmud Hossain J Maulana Mohammad Shamsul Huq and others........................Petitioners Vs. Abu Taher and others………………………......ect that the plaintiffs' alleged kabala-the cxhibit-2 was executed and registered many days after the execution and registration of the defendant’s kabala by antedating and procuring stamp papers illegally and as such the plaintiff’s kabala the exhibit-2 was not valid being antedated and colluÂ..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)
....he plaint and the relevant documentary evidence and also ad valorem court fee. The very language of the above quoted sub-section (2) of section 6 tells clearly also that when the plaint filed is thus proper then only the Adalat will regisÂter it. The very sentence “দাখিল কৃত আà¦......ate instructÂed by Syed Mahbubur Rahman, Advocate-on-Record- For respondent No.1. Not respondent-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 1196 of 2010. (From the judgment and order dated 11.03.2010 passed by the High Court Division in Writ Petition No.8731 of 2008.) J...... properly i.e. filed along with affidavit and ad valorem court fee then only it can be registered, the regÂistration of the Artha Rin Suit in question before filing of the ad valorem court fee was illegal being in contravention of the sub-section (2) of section 6 of the Artha Rin Adalat Ain, 2003. ..Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
.... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ......) Present: Farah Mahbub J Farid Ahmed J Anwarul Alam (Md.)………………………..Petitioner Vs. Pubali Bank Ltd and others...............Respondent Judgment March 13, 2011. Result: The Rule is......as such the impugned order dated 25-2-2009 (Annexure-D) issued under the signature of respondent No. 7 is liable to be struck down for having been passed without any lawful authority and hence, of no legal effect. 11. Conversely, Mr. Mahmudul Islam, the learned Senior Advocate appearing with Mr..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
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