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Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ......ctober 16, 2011. Result: The Rule is discharged. Whether the resolution taken by the Board of Directors of any Bank relating to total write off of loan has the binding force of law and enforceable by the High Court Division? The resolution taken by the Board of Directors..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
....and 3 submits that the Nari-o-Shishu Nirjatan Damon Tribunal is creation of a special law namely, Nari-o-Shishu Nirjatan Damon Ain, 2000 and therefore, the Tribunal should be governed strictly by the provisions of the said Ain. He further submits that section 27 of the Ain does not confer any author......interference by this Court. On the other hand Dr. Rafiqur Rahman, learned Advocate appearing for respondent Nos.2 and 3 submits that the Nari-o-Shishu Nirjatan Damon Tribunal is creation of a special law namely, Nari-o-Shishu Nirjatan Damon Ain, 2000 and therefore, the Tribunal should be governed st..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
Abdul Gaffar and others Vs. The State, 2011, 40 CLC (HCD)
....appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:...... such grounds are absolutely the disputed question of facts and the same should be decided at trial. The pleas of the appellants are nothing but the defence plea. Be that as it may the proposition of law is now well settled that on the basis of defence plea or materials a criminal proceedings should..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....ounsel for the plaintiffs failed to meet, those findings rather finds it difficult to assail those findings. The Court of appeal below has not diverted its attention in that regard. 15. This provision provides, except as otherwise provided by this chapter, Specific Performance of a Contr......t for specific performance for enforcement of the original contract said to have been executed in 1964 having not been filed within 3 years of refusal, the said contract was barred by operation of law. Mr. Mahmudul Islam contended that Hasan Ali Driver had constructive knowledge about the refusa..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
....the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......ty Attorney-General appearing on behalf of the State, submits that this is not a fit case for quashment as the contention of the accused-petitioner is misconceived in view of the settled principle of law as decided by our superior Courts in several cases, namely Shahera Khatun Vs. Abdur Rahim Sheikh..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
....he date of receipt of this Judgment, positively.
Order of stay granted at the time ofissuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 64 DLR (HCD)(2012) 65.
......econdary SchoolEducation Board, Comilla and 5 others………………………….Respondents
Judgment
August 25, 2011.
Result:
The Rule is made absolute.
Can a local member of the parliament lawfully interfere with the election process of the Managing Committee of a Non-GovernmentEducationa..
Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
.... the case. 5. The petitioner voluntarily surrendered before the Chief Judicial Magistrate, Naogaon with a prayer for bail on 6-7-2009 and on the same date he was enlarged on bail. 6. As per the provision of law the case record transferred to the Court of Sessions Judge, Naogaon, it has been re...... 5. The petitioner voluntarily surrendered before the Chief Judicial Magistrate, Naogaon with a prayer for bail on 6-7-2009 and on the same date he was enlarged on bail. 6. As per the provision of law the case record transferred to the Court of Sessions Judge, Naogaon, it has been registered and ..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....ndment of the plaint, through the application dated 26.4.2010, to include a further prayer for a decree to be passed for “an amount payable as on 15th June, 2000 with compensation payable under the provision of Section 146 of the Merchant Shipping Ordinance 1983”. 5. Thereafter, the defendan......ralty Suit No. 39 of 2000, Admiralty Suit No. 40 of 000, Admiralty Suit No. 42 of 2000, Admiralty Suit No. 43 of 2000, were heard one after another and since all the suits involve similar question of law and facts the same are now disposed off by this single judgment. 2. The plaintiff in Admiralt..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....U) on 18-4-2011. Upon such Appeal,, the CPTU issued Memo dated 24-4-2011 under Rule 59 of the Public Procurement Rules, 2008 ("the said Rules") requesting the Chairman of BTRC to follow the provisions of Rule 59 in view of the presentation of the said appeal. BTRC, however, continued with ...... and Special Audit/Information System Audit of the Telecom Operators in Bangladesh and appointment of respondent Nos.10-12 as the Information System Auditors should not be declared to be without lawful authority and of no legal effect and as to why the respondent Nos. 2-4 should not be directed..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Dhaka Electric Supply Authority Vs. Md. Hanif and another, 2010, 39 CLC (AD)
.... was complied. 4. The DESA in its affidavit-in-opposition in the instant case stated that the circular dated 11.08.1966 was cancelled at the 533rd Board Meeting held on 15.12.1992 and hence that provision was thenceforth ineffective. It is further claimed that no verbal assurance was given to t......omoted to the post of Assistant Engineer had been so promoted upon special consideration only and not in accordance with the circular dated 11.08.1996; (ii) whether the High Court Division erred in law by not considering that the 162nd Board meeting made the decision of the 28th Board Meeting da..Category: Employment/Service Law | Date: 14 Aug, 2011 | Hits: 163
Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)
....t, the appeal is dismissed. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ...... No.13(6)07 and Title Suit No.6451 of 2008 to meet the ends of justice. 7. On the other hand, Mr. Nazibur Rahman, learned Deputy Attorney General appearing for the State submits that the policy of law is that a criminal case should be disposed of with least possible delay. In the facts and circum..Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91
Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)
.... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ......pur and was registered as Nari-o-Shishu Nirjatan Damon Case No.23 of 2000. The learned Judge of the Tribunal by his order dated 13.9.2000 framed charge against the appellant under the said section of law, to which he pleaded not guilty and claimed to be tried. 4. The prosecution in order to prov..Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165
Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)
....on left this country during the liberation war of 1971 the property in question vested in the Government by operation of law and it was thus rightly included in the list of abandoned buildings as per provision of law. The learned Additional Attorney General has contended that since the property......portunity some miscreants took possession of the said property 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 sa..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....iction for enforcement of fundamental rights and including rights in the nature of habeas corpus, mandamus, prohibition, quo-warranto and certiorari in appropriate cases. Thus, under the Indian provision there is no restrictions for the High Courts in India to invoke writ jurisdiction even in...... are not legally entitled to any relief from the Court and thirdly, interference of the proceedings by the High Court Division at the stage of investigation of the cases are not permissible in law. 8. Mr. M Amir-ul-Islam argued that over the selfsame incident, the respondent having ins..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ......ntence is set aside. The condemned-prisoners are acquitted from the charge leveled against them. All the appeals are allowed. The Rule is made absolute. It is settled Principle of law that a statement of an accused before a Judicial Magistrate would a confession, if it is in term..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)
.... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ...... of the learned Joint District Judge. 5. Mr. M. Qumrul Haque Siddique, learned Counsel has placed the judgments and other material on record and submitted that the High Court Division erred in law in affirming the judgment of the trial Court in failing to consider that admittedly the petitio..Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
....the Carriage of Goods by Sea Act, because Art. V allows the carrier only to contract out of his rights and immunities under the Rules. But where the Rules are incorporated only by contract an express provision in the bill of lading conflicting with Art. IV, r. 3, would probably be given effect to, p......he evidence led by the parties. 9. Issue No.1: The maintainability aspect of the suit. Although the issue has not been pressed by the parties so seriously, yet as the same involves question of law, it requires decision. To maintain such suits under Admiralty jurisdiction Section 3(2) (ja) of ..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
....(5) of section 6 of the Criminal Law Amendment Act, 1958 was omitted on 18-7-2004. At the time of taking cognizance of the offence against the petitioner by the Senior Special Judge, Sylhet, the provision of taking prior sanction of the Government before taking cognizance of the offence wa......58 and the Durniti Daman Commission Ain, 2004 (hereinafter referred as the Ain). Section 20 of the Ain provides that investigation of the offences under the Ain and also the offences under other laws specified in the schedule of the Ain are to be done by the Durniti Daman Commission (hereinafte..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......case and got possession. Defendants gifted 1.5 gandas of land to defendant No.7 and delivered possession. The bainanama and kabala in favour of this defendant and gift in favour of defendant No.7 are lawful and valid one and binding upon all the defendants. Defendant Nos.1-7 have title, interest and..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....overting the statement made in the writ petition contending, inter alia, that the Bank filed Money Decree Execution Case No.08 of 1995 along with an application for condonation of delay as per provision of the Limitation Act and the Ain. Therefore, execution proceeding as well as the order ...... 1995 along with an application for condonation of delay as per provision of the Limitation Act and the Ain. Therefore, execution proceeding as well as the order for issuing warrant of arrest is lawful and the Rule is thus, liable to be discharged. 4. Mr. Md. Hadayet Hossain, the learned ..Category: Limitation Law | Date: 20 Jun, 2011 | Hits: 13
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