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KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......e very outset draws out attention to Rule 8 of the said Rules and submits that under Rule 8 inclusion of two outsider members in the Evaluation Committee is mandatory, but the Evaluation Committee in question was constituted only with the officials of BTRC. Therefore, he submits, the evaluation proc......e declared to be without lawful authority and of no legal effect and as to why the respondent Nos. 2-4 should not be directed to implement the said decision/Verdict of the Review Panel-01. Short facts: 2. BTRC issued notices in different newspapers including the 'Daily Protham Alo'..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Dhaka Electric Supply Authority Vs. Md. Hanif and another, 2010, 39 CLC (AD)
....not call for any interference by this Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 559. ......not call for any interference by this Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 559. ......hammad Imman Ali J. - This appeal, by leave, arises out of judgment and order dated 05.06.2008 passed by the High Court Division in Writ Petition No.9289 of 2007 making the Rule absolute. 2. The facts relevant for disposal of this appeal, in brief, are that the writ-petitioner (respondent No...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: ......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: ...... 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 circumstances of the present case, it does not appear that the appellants have come to thi..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: ...... 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: ......early two years and is under suspension for eleven years. 6. Mr. Shahjahan further submits that the victim Fatema Begum (P.W.2) in spite of being a minor may be competent to depose, but under the facts and circumstances of the present case, it is very likely that she was heavily tutored by her p..Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165
Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)
..... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ...... Petition No.605 of 1991 making the Rule absolute. 3. The facts necessary for disposal of this Civil Petition for Leave to Appeal, in short, are that one Md. Hossain Ali was allotted the plot in question by the Government by a registered deed of lease dated 06.04.1962 for a period of 99 years. ......led this civil petition seeking leave to appeal against the judgment and order dated 11.03.1998 passed by the High Court Division in Writ Petition No.605 of 1991 making the Rule absolute. 3. The facts necessary for disposal of this Civil Petition for Leave to Appeal, in short, are that one Md. ..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
.... 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. ......n decision instead of sending back the appeal on remand. That the evidence and other materials and facts and circumstances on record are sufficient for coming to a decision regarding the disputed question raised in this suit and as such the remand of the suit to the appellate court has been most......- This civil petition has been filed seeking leave to appeal against the judgment and order dated 02.07.2009 passed by the High Court Division in Civil Revision No. 3330 of 1991. 2. The relevant facts necessary for disposal of this civil petition for leave to appeal, in short, are as follows:..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....e of double jeopardy or for that matter, res judicata does not rest on any doctrine of estoppel. The principle is that no person should be vexed with several trials for offences arising out of the identical acts committed by him. When an offence has already been the subject of judicial investig...... judgment prepared by my learned brother Md. Abdul Wahhab Miah J while agreeing with my learned brother that these appeals should be dismissed, I would like to express my opinion separately on the question of the High Court Division's power to quash a criminal proceeding in exercise of powers ......ean Citizen is the informant in GR Case Nos.746 of 2007, 915 of 2008 and 922 of 2007, while the Registrar, Joint Stock Companies is the complainant in CR Case No.3518 of 2007. 4. Short facts relevant for the disposal of the appeals and the petition are as follows: 5. The appell..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....nd seized some explosive substances like pencil battery, a torn plastic bag, dust of wood, leaflets etc and prepared seizure list in presence of the witnesses. At that time he received a message that identical explosions happened at Chuadanga Bus stand, in front of LGED and DB Offices and Judge Cour......ained................. (18) Credibility of testimony, oral and circumstantial depends considerably an a Judicial evaluation of the totality, not isolated secreting. when dealing with the serious question of guilt or innocence of persons charged with crime, the following principles should be tak......bsolute. It is settled Principle of law that a statement of an accused before a Judicial Magistrate would a confession, if it is in terms of the offence charged or any rate substantially all the facts which constitute the offence charged. If the confessions are considered in the light of the ab..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. ......gh the process of the Court. The High Court Division in the backdrop of the matter held that the plaintiff could not claim any right or interest in the suit property since the disputed property in question was sold in auction in favour of the respondent No.1 through the process of the Court befo...... 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. ..Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7
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: ......e light of the 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......aintiff M/S. Hasan Vegetable Oil Mills Limited, on 13.05.2001, against the vessel M. T. SCEPTRE and others has been heard on contest by the defendants and now disposed off by this judgment. 2. The facts leading to initiation of the instant Admiralty Suit is that the plaintiff is a private limited..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. ......resent case was started with the lodging of FIR on 17-12-2003 and after investigation police submitted report under section 173 of the Code of Criminal Procedure on 29-10-2004. So in the instant case question of holding investigation by the Durniti Daman Commission or any authorized officer of the c......esponding to Kotwali Police Station Case No.39 dated 17-12-2004, under sections 406/409/420 of the Penal Code, pending in the Court of Senior Special Judge, Sylhet, should not be quashed. 2. The facts relevant for disposal of the Rule, in short, are that the petitioner, who was the Manager of I..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. ......also considered that Taka 10,000 is to be returned inspite of anomaly in the price as the quantum of land, total price of land, mentioning of days are same and vendor and vendee are same. 11. Only question is whether heirs of Mabia Khatun executed the baina. Learned Subordinate Judge considered d......selves in dismissing the suits as in the suit for specific performance of a contract plaintiff has to prove the contract and P.W.2 and 3 in Court admitted the contract of their mother, and from the facts it appears that suit property having enjoyed ejmali as such, unless there be partition. Other ..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ...... Rin Adalat, Comilla in Artha Rin Case No.123 of 1990 decreeing the case in part granting simple interest at the rate of 6% per anum from the date of filing till the date of the decree. 2. The facts relevant for disposal of this petition, in brief, are that the respondent No.1 (defendant No.1..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ...... Rin Adalat, Comilla in Artha Rin Case No.123 of 1990 decreeing the case in part granting simple interest at the rate of 6% per anum from the date of filing till the date of the decree. 2. The facts relevant for disposal of this petition, in brief, are that the respondent No.1 (defendant No.1..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ......ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ......ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ..Category: Limitation Law | Date: 20 Jun, 2011 | Hits: 13
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......ws of the trial Court on the reasonings that it had the advantage to see the demeanour of the witnesses and disposed of the issues in a slip-shod manner without reversing the findings. 7. The moot question is whether the High Court Division is justified in disturbing the findings of fact arrived ......dent No.2 in favour of Sultan Uddin Bhuiyan, the predecessor of the respondent Nos. 1-3. Leave was granted to consider on two points, namely; the defect of parties and the limitation. 3. Short facts which gave rise to the institution of the pre-emption proceeding are as follows: 4. Elahi..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
....ciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ......ciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ......92 allowing the appeal and thereby reversing the judgment and decree dated 31.5.1992 passed by the learned Assistant Judge, Salikha, Magura in Title Suit No.78 of 1989 decreeing the suit. 2. The facts leading to the filing of this petition for leave to appeal, in short, are: The plaintiffs..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. ......Judge, Narayangonj wherein it would be decided as to whether the accused-petitioner issued the dishonoured cheque or not. He has lastly contended that at least the proceedings of the sessions case in question is required to be stayed till the decision of the said title suit, otherwise, the suit shal......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. ..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Nazir Vs. State, 2011, 40 CLC (HCD)
.... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ......e Rule should be discharged. 10. We have gone through the application under section 561A of the Code of Criminal Procedure and the materials annexed thereto. 11. Before we take up the question for consideration as to whether the impugned judgment and order of conviction and sentence ......on 561A of the Code of Criminal Procedure can be exercised to quash a proceeding or even a conviction on conclusion of a trial if the court concerned got no jurisdiction to hold the said trial or the facts alleged against the accused do not constitute any criminal offence, or the conviction has been..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... The Appellate Division after hearing of the criminal appeal dismissed the same and thereby affirmed the decision of the High Court Division on the reasons: “… In the case of ‘revival’ the question of the Magistrate becoming functus officio may arise, but no such question can arise if a f......on for continuance with the trial. The learned Judge without distinguishing the said decision of the Appellate Division, ignored it only by saying that “the case law does not match exactly with the facts of the present case” and arrived at his decision on the principle of rejection of plaint as ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
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