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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. ......r in this case is without lawful authority and, as such, the entire case has been vitiated for lack of jurisdiction. In this regard he refers the case of Abdur Rahman Vs. State, 48 DLR (AD) 167. Thus according to Mr. Mubin continuation of the proceeding of the present case is abuse of the process of......r Vs. State and others………………….Opposite Party Judgment July 14, 2011. Result: The Rule is discharged. Case Referred to- Abdur Rahman Vs. State, 48 DLR (AD) 167; Tarique Rahman Vs. Government of Bangladesh, 63 DL......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)
....Learned Advocate for the opposite party also relied on the case of Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 50 DLR 441 wherein it is held that "mere error of law without occasioning failure of justice cannot by itself be a ground for interference under section 115(1) of the Code." Learned Adv......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. ......laintiff-Petitioner Vs. Abul Kashem and others…………………………Defendant Opposite Parties Judgment June 23, 2011. Result: The Rules are made absolute. Cases Referred to- Md. Moslemuddin Vs. Md. Jonab Ali, 17 BLD (AD) 328 = 50 DLR (AD) 13; Madaris Ali Vs. Biswambe......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)
....ubsequent order of Civil custody, warrant of arrest against the Judgment-debtors are not lawful. 8. In view of the discussions made hereinbefore, we are of the opinion that, for the ends of justice the learned Judge of the Adalat should be directed to dispose of the application for con......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. ......d. Dhaka (shortly, the Bank), as plaintiff, on 15-6-1990 instituted Money Suit No.72 of 1990 before the Court of Subordinate Judge and Artha Rin Adalat No.1. Dhaka for realization of loan amounting to Taka 2, 91,632 as stood on 31-3-1990 impleading Messrs Ahmed and Brothers and the petitioner as...... 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
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....t. It is concerned with the question as to whether the appellate court in giving a particular finding has committed any error of law resulting in an error in the decision occasioning failure of justice or such finding is found to have resulted from glaring misconception of law or there is mi......e-emption. There is no dispute that the pre-emptees raised the point of defect of parties in the trial Court, of course in an evasive manner but that the trial Court had considered the said issue and accordingly, the point was decided. The opinion expressed in Abdus Samad being a larger Bench, the s............................Appellants Vs. Mosammat Galman Begum and others............................Respondents Judgment June 15, 2011. Result: The appeal is allowed. Cases Referred to- Abdus Samad & others Vs. Md. Sohrab Ali and others, 33 DLR (AD) 113; Abdur Rashid Sarke......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. ...... and the decision made by, the High Court Division having been made on proper appreciation 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. ......m Ali Mondal being dead his heirs: Abu Kalam & others…………Respondents Judgment June 9, 2011. Result: The petition is dismissed. Cases Referred to- Khairullah Vs. A.D.C. (Revenue) and another, (2002) 54 DLR (AD) 13; Abu Ali Chowdhury Vs. T......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)
....of the Code of Criminal Procedure can be invoked at any stage of proceeding even after the conclusion of trial, if it is necessary to prevent the abuse of the court or otherwise to secure the ends of justice……..... (14) Trial no bar for invoking 561A to quash proceeding or convict......titioner was arrested by the police on 5-12-1998 and he was enlarged on bail by the learned Judge of the Tribunal on 29-2-2000. But after enlarging on bail he was found absent from the proceeding and accordingly, the order of bail was cancelled by the learned Judge of the Tribunal on 23-10-2000. How......ip;…………....................Opposite Party Judgment June 7, 2011. Result: The Rule is discharged. No time bar for section 561A It is pertinent to note that the inherent power under section 561A of the Code of Criminal Procedure can be invoked ......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)
....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: ......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: ......rhanuddin J Md. Ruhul Quddus J Farzana Akter (Kakoli).......................Appellant Vs. Md. Kabir Hossain and others...........Respondents Judgment June 6, 2011. Cases Referred to- Abdus Salam Master alias Salam and another Vs. The State 36 DLR (AD) 58; Jotish Das Vs. Chand......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)
....rcumstances sought to be proved by the prosecution must be put to the accused during examining an accused under section 342 of the Code of Criminal Procedure failing which there causes miscarriage of justice. This view finds support from the case law of State Vs. Manu Miah, 54 DLR (AD) 60, Abu Taher......hrough cell phone on 9.4.2006 that there took place chaos in the school. He went at 05.00 pm and saw many people in the room of headmaster. He heard that the Headmaster touched the body of the victim accordingly a meeting was held on 15.4.2006 and the Managing committee found the accused appellant g......te, 1991 BLD (AD) 81. Lawyers Involved: Md. Aminul Hoque with Abdullah-Al-Mahmud Chowdhury, A.F.M. Saiful Karim-For the appellant. Md. Aminur Rahman Chowdhury, Mrs. Monzu Naznin, Assistant Attorney General-For the respondent No.1. Mominuddin-For the respondent No.1. Criminal Appeal No......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)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ...... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ...... of defect which is in no way affect the merits of the case i.e. a defect of form not a defect in the merits of the case. 'formal defect' must be given a wide and liberal meaning and must be deemed to connote every kind of defect which does not affect the merit of the case, whether the defect be......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
Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)
....ection 115 (1) of the Code of Civil Procedure filed by the petitioner, and submitted that the instant Rule has been obtained by practicing fraud upon the Hon’ble Court and, as such, for the ends of justice the instant Rule may be discharged. In the said counter affidavit the opposite party Nos. 1-......ule is herby vacated. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in:......zul Alam, with Mahbub Shafique, Advocates-For the Opposite Parties. Civil Revision No. 5831 of 2007. Judgment Obaidul Hassan J. - This Rule was issued calling upon the opposite party Nos.1-3 to show cause as to why the judgment and order dated 28.05.2006 of the learned District Judge, Dhaka......tion and Requisition of Immovable Property Ordinance, 1982 (herein after referred to as the Ordinance). The present opposite party Nos.1-3 received the compensation money with objection through their lawful attorney. The compensation money was inadequate. Thus the opposite party Nos.1-3 were entitle..Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... part of the petitioner company, non-responsive vide impugned order is without jurisdiction. Lastly, he submits that the impugned order further fails for non-compliance of the principle of natural justice since neither BGP (Bangladesh) International nor BGP Inc. CNPC has been made party in the p......er hearing both the parties (respondent no.8 and Petrobangla) vide memo no. IMED/CPTU/RP-01/90-2011/151 dated 10.02.2011 allowed the same and declared BGP (Bangladesh) International non-responsive according to PPR, 2008. Being aggrieved the petitioner had filed the aforesaid writ petition even t......t Petition No.2005 of 2011. Judgment Farah Mahbub J. - In this Rule, issued under Article 102 of the Constitution of the People’s Republic of Bangladesh, the respondents have been called upon to show cause as to why the decision of respondent no.3, communicated under memo no. IMED/CPIU/RP-......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)
....letely artificial form of ordinary resolution? Suppose there had here been some preference shares in the name of Mr. Faith's wife/which under the articles had in the circumstances no vote; why in justice should her voice be excluded from consideration in his artificial vote?" 82. In th......election of directors. It has been stated by the answering respondents that unless there is sponsor shares, there cannot be any sponsor directors. It has been stated by the answering respondents that according to Rules 15B (1) and (2) of the said Rules, public directors are to be elected by the publ......udgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......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. ...... 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. ..........................Appellant Vs. The State...................................Respondent Judgment May 4 and 19, 2011. Result: The appeal is allowed. Cases Referred to- Abdul Awal Vs. The State, 1962 P.L.D (Dhaka) 623; Gokul Chand Dwar Ka Das Morakka Vs.......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)
.... the outstanding dues of Tk. 6,49,750/- and after deduction of the said amount the outstanding dues should have been fixed against the defendant. 14. In the circumstances we are of the view that justice would be met if we send the case back on remand to the trial Court to calculate the actual d......t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......of 1994 impleading the present respondents as defendants for realization of Tk. 17,07, 996.30. 3. The plaintiff in his plaint stated inter-alia that the defendant No.1 being a businessman, used to deal with electronics goods. He filed an application to the plaintiff bank to renew his previous ......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)
....nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ......nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ...... Vs. Adilur Rahman Khan and others.............Respondents Judgment May 16, 2011. Result: The Petition is dismissed Cases Referred to- Governor-General's Reference No.1 of 1955, 7 DLR (FC) 395; Sindh High Court Bar Association......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)
.... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ...... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ......q ........................Petitioner Vs. Bangladesh and others.................................Respondents Judgment May 16, 2011. Result: The Rule is made absolute. Case Referred to- SDS Dairy Limited Vs. Bangladesh and others. ( unreported decision) Lawyers Involved: S......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)
.... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......an Development Bank, CIDA. 3. In the year 2004 the petitioner sat for the examination of the Public Service Commission under the President’s quota of 10 (ten) percent and stood 1st. He was accordingly promoted to the post of Assistant Professor and was posted at Government Haraganga Coll...... Vs. Bangladesh and others…...........………….Respondents Judgment 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 s...... 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)
....sh. In these facts and circumstances, the learned Advocate summarises that, the impugned proceedings is a clear abuse of the process of the Court and the same is liable to be quashed for ends of justice as well, with exemplary cost against the responsible persons who were instrumental to harass......on these grounds or at this stage. He also submits that the sanction was given after proper application of mind and upon assessment of the materials on record and that there was no illegality in according the sanction. He, therefore, prayed for discharging the Rule. 7. Points for determina......Vs. State………………………Opposite party Judgment May 15, 2011. Result: The Rule is made absolute. Case Referred to- Indu Bhushan Chatterjee Vs. State, AIR 1955 Calcutta 430. Lawyers Involved: Yousu......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)
....quot;a) the attempt to demolish and evict the writ petitioners from the homestead will create hardships to the 60 owners of the apartments constructed on the disputed land and as such for the ends of justice the appeal may be dismissed. b) without serving any show cause notice and giving any opport......2. The expression ‘absolutely’ means completely, wholly, without qualification; without reference or relation to, or dependence upon, any other person, thing or event. The word ‘encumbrances’ according to Black’s Law Dictionary means: “Any right to or interest in, land which may subsis........Appellant (In Civil Appeal No.89 of 2010) Vs. Md. Gias Uddin Chowdhury and Others…………………………..Respondents (In both the appeals) Judgment May 15, 2011. Cases Referred to- Md. Khairullal Bhuiyan Vs. Hazi Nurul Alam Chowdhury, 35 DLR (AD) 338; Jilubhai Nanbhai Khachar......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)
....and a revisional application cannot be a ground, in the facts of the present case (i.e. absence of any legal evidence), for refusing to exercise the Court’s inherent power to secure the ends of justice by way of setting aside their conviction.” 13. In short, it has been decided in m......case as witness. P.W. 7 Hafizuddin, the Salishder and the Member of the Ward of the Union Parishad stated a new story. There was a Salish (no date and time), stamp paper was written in the Salish and accordingly Tk. 35,000/- was deposited with one Yunus Miah by the accused. The Salish-nama was exhib......dshah Mollah, 41 DLR 11. Lawyers Involved: Rabiya Bhuiyan with Rafiqur Rahman Patwary, Nikhil Kumar Biswas and Shahanara Bhuiyan-For the Convict-Petitioner. K.M. Zahid Sarwar, Deputy Attorney General with Monzu Naznin (Rosy), Assistant Attorney General-For the State. Criminal Mis......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
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