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Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....the sale deed dated 06.06.1996 at a price of taka 15,000.00. The deed was registered in the office of Sub-registrar, Araihazar being deed No.2946; the registration of the deed was complete as per the provision of the Registration Act, the same having been recorded in book No.1, volume No.36. Before ......ings, the evidence on record, the judgments and submits that the manner in which the High Court Division interferes with the judgment of the lower appellate Court is against the settled principles of law, inasmuch as, the lower appellate Court upon proper sifting of the evidence on record has held t..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. ......ereafter in the middle of the year 2004, the said Advocate died, and hearing the news, petitioner No.1 went to the house and the chamber of the said Advocate. He tried to collect information from the law clerk and the junior of the deceased Advocate Mr. Lutfor Rahman. But they expressed their inabil..Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100
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. ......t and investigating officer is the same person, the informant is an interested witness and the impugned judgment and order based on the evidence of interested witness is not sustainable in the eye of law…….... (17) Police officer-cum informant should not be investigation officer ..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....the facts of the present case” and arrived at his decision on the principle of rejection of plaint as provided in Order VII rule 11 of the Code of Civil Procedure and compared the said law with the provision of section 403 of the Code of Criminal Procedure, and dropped the proceedings of the Nari-......AD) 58, 65 and advanced his submission 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 ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ......een charged. He submitted that the said case was being No.6 dated 13.4.1986 of the Chirirbandar Police Station but the instant case was lodged dated 22.4.2006. He submitted that the Tribunal erred in law in filing to take into consideration the evidence entirely. He further submitted that the prosec..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
....10 making sale of non-existing property. 6. Plaintiff's case in nutshell is that the suit land was originally belonged to Pakistan Tobacco Company Ltd. After liberation of Bangladesh as per provision of President Order No.16 of 1972 suit land vested in the Government. Government sold the ......is defect in the genealogy of acquiring title by the plaintiff and there is defect in the schedule of the property which constitute formal defect, by which if the suit and appeal, it is settled law that appeal is continuation of the suit, be run it must fail. Order XXIII Rule 1 of the Code o..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....াক্টসমূহ ব্যবস্থাপনাগত মূল্যানের মধ্যেই সীমিত থাকিবে।” 15. In consideration of the said provisions of the Rules,2008 we find no substance in the arguments so has been advanced by the lear......ontractor” for conduct of 3100 L Km of 2D seismic survey in Block Nos.2, 3, 4, 6, 8 and 11 under proposal No.31.02.204/160 issued on 11.04.2010, should not be declared to have been passed without lawful authority and hence, of no legal effect. At the time of issuance of the Rule the opera..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....ts as of right) and no reason for condoning the same needs to be assigned. .............. (50) Court has power to pass consequential or incidental orders while condoning the delay Under the provisions of section 81 (2) of the Companies Act, 1994, the Court can pass some other consequential......d also debars sponsor shareholders in electing public directors. ............... (74) Classification of shareholder is not restricted or prohibited by Companies Act There is no provision in law that any person other than member of the company can be eligible to contest election for the off..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)
.... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ......s produced before the Court does not refer to the facts of the case particularly the amount mis-appropriated and the manner and date of misappropriation and such a sanction is not valid in the eye of law and the prosecution must fail on that ground inasmuch as that cuts at the very root affecting th..Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
..... We have gone through the pleadings of the parties, evidence adduced by the P.W.1 and D.W.1, the bank statements kept in the record and other materials on the records and we have also considered the provisions of law. Now let us see what does law say? The section 12 (1) and (2) of the Artha Rin Ada......fendant on 09.04.1989 in all paid Tk. 8,11,500/- in cash against Tk. 7,50,200.20. It appears that the defendant paid the principal amount along with more then 18% interest. In spite of that for the unlawful activity of the bank the defendant had to incur a loss of Tk. 36, 14,000/- which the plaintif..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....s given in our judgments passed in the Thirteenth Amendment Case and the Seventh Amendment Case, Mr. Ajmalul Hossain, Senior Advocate, submitted that the Truth and Accountability Commission under the provisions of the law as prevalent at that time, exonerated the petitioners from further criminal li......ic of Bangladesh in Writ Petition No. 6488 of 2008. 2. The High Court Division after hearing by its judgment and Order dated 13-11-2008 declared that the impugned Ordinance had been made without lawful authority and is of no legal effect and ultra vires the Constitution. The Court further decla..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ned the Rule and stay order as stated above. 6. Mr. Md. Faruk Hossein, the learned Advocate, appearing for the decree-holder Bank, with reference to the affidavit-in-opposition, submitted that the provision of Order 21 Rule 83 of the Code is not applicable in this case. 7. Mr. Faruk, the learn......y the Order No. 28, dated 18.4.2010, (Annexure-E), passed by Artha Rin Adalat, 1st Court, Dhaka, in Artha Execution Case No. 682 of 2005, should not be declared to have been passed illegally, without lawful authority and is of no legal effect." By the Rule issuing order the proceeding of the said..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....h regard to the resignation of the petitioner, which cannot go to stop the government authority to accept the resignation of the petitioner. In addition to that neither in the service rules nor any provisions related thereto specify any time frame for acceptance of the resignation letter of the ...... May 15, 2011. Result: The Rule is made absolute. The service of a government servant comes to an end when his resignation is accepted by the authority concerned subject to any law or rules so governing the terms and conditions of the service. Until the resignation is accepted..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....stioned telegraphic transfer of money. 13. We have also noted the ratio of the case between Indu Bhushan Chatterjee Vs. State, AIR 1955 Calcutta 430, wherein it has been held that page "The provision for sanction is a most salutary safe guard. The sanctioning authority is placed somewhat i......ubmits that the entire case as stated in the FIR and in the charge sheet, if considered in its entirety and be accepted as true, does not disclose any offence under the aforesaid sections of the law. He next submits that, there is no allegations against the petitioner as to how he has illegally..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....tion of boundary of acquired land and further restraining the appellants from recovering possession till disposal of such proposed partition suit, inasmuch as, such direction and injunction makes the provisions of Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance,......with the possession of the writ petitioners. 6. Mr. A. F. Hassan Ariff, learned counsel appearing for the Government of Bangladesh submitted:- “a) the High Court Division committed gross error of law in holding that the previous owner of land remains a co-owner of the part acquired vested proper..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......arrants conviction and sentence and the learned Judge of the Tribunal rightly convicted him and therefore, the rule should be discharged. 11. Learned Deputy Attorney General raised a question of law as to whether this court is empowered to scan the evidence on record in a criminal miscellaneous..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....h Court Division, may in its discretion, pass an order, but only on ‘an application’, filed by ‘an aggrieved person.’
5. But we should not be that myopic. There are other provisions also in the Constitution, highlighting the rights of the people. Part II of the Constitut......e backward section of the people from all forms of exploitation.
8. Part III of our Constitution guarantees Fundamental Rights of the people of Bangladesh, such as, among others, equality before law (Art. 27), equal rights of women with men [Art. 28(2)], right to protection of law (Art.31), pro..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
....ধীন' or "independent" used in section 3(2) of the Act, to mean 'sovereignty' or "unaccountability" of the Commission and such absurdity would be clear from the provisions of section 31 of the ACC Act, 2004 that allows indemnity to the ACC and to its employees ......in the charge sheet against the accused petitioner is considered in its entirety and taken to be true the same does not disclose any offence against the petitioner under the aforesaid sections of the law. He next submits that, it has been specifically stated in the FIR as well as in the charge sheet..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
.... authority to exempt any amount of interest which was receivable till the date of filing of the suit and thus the learned Judge, Artha Rin Adalat committed error of law without considering the strict provision of law provided in section 50 of the Artha Rin Adalat Ain. 11. At this stage he refer......onally avoided to repay the loan amount to the bank and in this way till 31.12.1995 there was an outstanding dues of Tk.1, 53,412/- against the defendant. On 30.07.1996 the plaintiff bank through its lawyer sent a notice to the defendant to make payment of Tk. 1,53,412/-, although the defendant rece..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....covery of possession of shares. The shares got its market value. As per the statements made in the plaint the valuation of each share is at Taka 100 only. Section 7 of the Court Fees Act provides the provision for paying as valorem court fees as the "share" is a movable property havin......imited and the plaintiff being a housewife purchased 30347 share from said Ispahani Limited and became a share holder. Her name was duly registered in the register book. As per the existing law her share holdership still existing. The valuation of each share was at the rate of Taka 10..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
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