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....c provision in a particular field to meet the demand of the day.
17. Thousand years ago, the writs or the royal commands were the prerogatives of the King alone who was the acclaimed fountain of justice. Those are called prerogatives, because, commands were issued either by the King himself or ...... been appointed Chief Justice of Bangladesh (or Judge of the Appellate/High Court Division of the Supreme Court) do solemnly swear (or affirm) that I will faithfully discharge the duties of my office according to law:
That I will bear true faith and allegiance to Bangladesh:
That I will pr......hellip;…………..Respondents (In both the appeals)
Judgment
May 12, 2011.
Result:
Both the appeals are allowed in part with the orders.
Cases Referred to-
Government of Bangladesh and another Vs. Sheikh Hasina and another, (2006) 60 DLR (AD) 90; ......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)
....anctioning authority is placed some what in the position of a sentinel at the door of criminal Courts in order that no irresponsible or malicious prosecution can pass the portals of the Court of justice. It is, therefore, essential that persons charged with the responsible duty of granting sanc......submits that, in the facts and circumstances of this case, as stated in the FIR and in the charge sheet, the ACC ought to have heard the petitioner, under Rules 8 and 11 of the ACC Rules 2007, before according sanction on the basis of the self-incriminatory statement of Md. Habibur Rahman to as......s. State……………………….Opposite party Judgment May 11, 2011. Result: The Rule is made absolute. Cases Referred to- Rahit Pulp Paper Mills Vs. Collector of Central Excise, AIR 1991 SC 754; Indu Bhushan Chatt......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)
....aintiff. 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: ...... 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 of the plaint...... in his plaint stated inter alia that he had been running a grocery shop opening an account being Current Account No.619 with the Rupali Bank, 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 ......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)
....aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ......the Company's Act before the High Court Division and that was registered as being Matter No.3 of 1997. The case was withdrawn on 2-6-1999 with a view to submit a suit before appropriate Court and accordingly she instituted the suit. 5. The defendant No.1 submitted a written statement conten...........................Respondents Judgment May 8, 2011. Result: The appeal is allowed. 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 mova......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
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......M. V. BF GLORY i.e. the defendant No. 1 vessel) for the purpose of marine operation, supply of bunkers, marine insurance, claims for seamen’s wages and for repair and new building of the vessel and accordingly the plaintiff company supplied crews as per crew list to the defendant No. 1 vessel for ...... Present: AFM Abdur Rahman J Kyung Hae Maritime Co. Ltd 1197-2 choryang 3, Dong Dong-Gu Pusan City Republic of Korea as Manager / M.V. BF Glory (Ex-Kunai) represented by their Constituted Attorney M/S Kabir & Associates, 40/A, Panchlish Residential Area, Chittagong, Bangladesh…….........t No.1 vessel and has no authority to transfer the right on the vessel and as such the owner of the vessel M/S. Doosan Capital Co. Ltd. is not responsible for any liability in any manner under such unlawful agreement between the plaintiff and the defendant No. 2. Since the owner of the defendant No...Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
.... husband as a measure to create pressure upon the whole family of the husband. At the same time the learned judges also show sympathy to the alleged victim lady forgetting that Judges must dispense justice in accordance with law only. But in the case in our hand we find that the learned Judge of......-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.......……Accused-Appellant Vs. State………………………….......................Respondent Judgment May 2, 2011. Result: The appeal is allowed. Cases Referred to- Bhagirath-sinh Judeja Vs. State, AIR 1984 (SC) 372; Habibur Rahman Chowdhury Vs. State, 3 B......tan Daman Ain that sometimes the learned Judges while dealing with those cases become emotional and partisan and Sympathetic to the women. Now a days it is admitted by most the jurists that this very law has been rampantly misused and in most of the cases police handles those cases recklessly and ..Category: Women and Children | Date: 2 May, 2011 | Hits: 171
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ...... business concern, represented by its Proprietor Md. Nurul Islam, engaged in import trading. In course of its such business the plaintiff intended to import stainless steel (S.S.) Pipe from India and accordingly obtained an indent under reference No.041/BSC/2811, dated 28-11-1992 from the defendant ......nbsp; Present: AFM Abdur Rahman J M/S. Ace Traders, Zerin Mansion 55, Motijheel Commercial Area, P. S. Motijheel, Dhaka-1000, represented by its proprietor, Md. Nurul Islam…....Plaintiff. Vs. 1. M. V. DIJENDRALAL, An Indian Flag Carrier Ship ha......ntioned in the marine insurance policy. The defendant No.6 did not supply the specified goods and therefore the plaintiff’s so-called loss is not covered by the insurance policy. The defendant No.4 lawfully refused the claim of the plaintiff. The defendant No.4 further claimed that as the supplier..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
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. ...... 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. ...... সংযোজন কর আইন, ১৯৯১, in English which is known as Value Added Tax (VAT). 2. The respondent No.1 herein (the petitioner in the writ petition), is the managing director of one Gemcon Ltd., a company. It is engaged in supplying SPC electric poles to different organi......ts total receipts, without deciding the status of Gemcon Ltd. or its actual liability under the VAT Act. 12. Under the circumstances, the High Court Division, with respect, committed an error of law in holding that the company being engaged in holding that the company being engaged in ‘..Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......any point of time and was not individually or jointly liable for the deficiency of stock. The learned Judge, after conclusion of the trial, found the appellant guilty of charge framed against him and accordingly pronounced his judgment and order on 29.8.2002 convicting and sentencing him as aforesai...... April 25, 2011. Cases Referred To- 58 DLR 500; 10 DLR (SC) 29; 48 DLR (AD) 294. Lawyers Involved: Abu Taher Md. Saifur Rahman, Advocate-For the appellant. Md. Shohrowardi, Deputy Attorney General-For the respondent. Criminal Appeal No. 2797 of 2002. Judgment Md. Ruhul Qud......sent to the Senior Special Judge, Habiganj and was registered as Special Case No.7 of 1997. The learned Judge of the Tribunal framed charge against the appellant and others under the same sections of law by order dated 11.3.1999, to which the appellant pleaded not guilty and claimed to be tried. Sub..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
....o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......Bishesh Adalat, Barisal and was registered as Nari-o-Shishu Nirjatan Damon Bishesh Case No.3 of 1995 under wrong notion. Subsequently it was detected that the case was triable by Special Tribunal and accordingly it was transferred to the Special Tribunal No.6, Barisal for hearing and disposal, where......……........... Respondent Judgment April 17, 2011. Result: The appeal is allowed. Lawyers Involved: No one- For the appellant. Ms. Rona Nahrin, Assistant Attorney General-For the respondent. Criminal Appeal No.914 of 1996. Judgment Md. Ruhul......It is not clear what prevented to record her statement immediately after her recovery. Moreover it is apparent on the evidence of the Magistrate that her statement was not recorded in accordance with law and it was recorded on plain paper, not on a prescribed form. Even then if we consider the state..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
Padma Oil Company Limited Vs. Md. Abdus Samad and others, 2011, 40 CLC (AD)
....ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ......ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ....... Zahirul Islam, Advocate-on-Record-For the Petitioner. Shamem Khaled Ahmed, Advocate, instructed by Abu Siddique, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.670 of 2011. Judgment Surendra Kumar Sinha J. - This petition at the instan......ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ..Category: Others | Date: 7 Apr, 2011 | Hits: 7
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. ......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. ......n itself is maintainable in law or whether the writ petitioner has got any interest in the matter Writ-petition in question could not be termed as public interest litigation. Before going into the merit of a writ petition the first and primary duty of the writ Bench is to see whether writ ......ladesh and others………….......Respondents Judgment April 3, 2011. Result: The petition is dismissed. Whether writ petition itself is maintainable in law or whether the writ petitioner has got any interest in the matter Writ-petition in question..Category: Election Law | Date: 3 Apr, 2011 | Hits: 168
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
.... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ...... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ...... and others......................................Petitioners Vs. Md. Molin Ali and others........................................Opposite parties Judgment March 31, 2011. Case Referred to- Hossain Ahmed Chowdury and others Vs. Nurul Amin, 47 DLR (AD) 162. Lawyers Involved: A.......ue on limitation and decided it in favour of the plaintiffs. The defendants in their memo of appeal did not take any ground on limitation. In such a case, the lower appellate Court committed error of law in raising and deciding the issue of limitation. 12. On perusal of the oral evidence, it appe..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)
.... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......anga, alleging inter alia that the accused is a polygamist and he is greedy for dowry. On the contrary, the complainant is very simple woman, that the accused got married the complaint before 2 years according to Muslim Sharia Law. After their marriage the accused would often beat the victim complai......……………………………………….Opposite party Judgment March 30, 2011. Lawyers Involved: S.M. Shahjahan Kabir, Advocate -For the petitioner. Bashir Ahmed, Assistant Attorney General-For the opposite party. Criminal Miscellaneous Case No. 4086 of 2004. Judgment ...... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ..Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......at on 2-9-2007 at about 2 PM investigation officer of the present case came to the Authorized Officer room No. 4 and seized some documents and he was present over there and he signed the seizure list accordingly. He proved the seizure list as Exhibit-4 and his signature therein as Exhibit-4/2. He al......another.........................Respondents Judgment March 29, 2011. Result: The appeal is allowed. Appeal under section 15 According to section 15 of Building Construction Act, 1952 if any person is aggrieved by any order passed by a...... before the Building Construction Committee. He also stated that the said plan was fake one, which was created by the appellant himself. But, no where in the FIR, informant mentioned any provision of law which has been violated by the appellant. 30. To appreciate the prosecution allegation..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Md. Zaved Khan Vs. Anti Corruption Commission and others, 2011, 40 CLC (HCD)
....vided by law referred to above. So we are not ready to entertain the writ petition. Hence the application is summarily rejected. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ......vided by law referred to above. So we are not ready to entertain the writ petition. Hence the application is summarily rejected. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ......ayet Ullah the learned advocate appearing on behalf of the petitioner submits that the petitioner being a subscriber has suffered much by the impugned order because on such order he has been seized to receive any amount from Unipay 2U Bangladesh Ltd. where he has already invested. In support of hi......the মানিলন্ডারিং প্রতিরোধ আইন, ২০০৯. 4. On such submission we have gone through the application meticulously and the respective provision of law incorporating in the মানিলন্ডারিং প্রতিরোধ আইন, ..Category: Criminal Law | Date: 22 Mar, 2011 | Hits: 75
Zahidur Kazi and others Vs. State, 2011, 40 CLC (HCD)
....to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......dged an FIR with the Narail Police Station against 4 accused persons alleging that on 1.2.10 on the way back from her school informant daughter Sarmin Sultana was kidnapped by the accused persons and accordingly a case under section 7/30 of the Nari-O-Shishu Nirjatan Daman Ain,2000 was started again......…………………………..........Respondent Judgment March 22, 2011. Lawyers Involved: Md. Kamrul Alam (Kamal), Advocate-For the appellants. Bashir Ahmed, Assistant Attorney General-For the respondent. Criminal Appeal No. 7893 of 2009. Judgment AKM Asa...... of acquittal in this case and the trial court without applying his judicial mind rejected the prayer for bail of the appellants most illegally and as such the impugned judgment is not sustainable in law which is liable to be set aside and the appellant No.1 may be enlarged on bail. He further submi..Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
....uld have considered the legal evidence and proposition of law and he will not act as a social activist, rather he should have guided by law giving up emotion. Further, a Judge is required to dispense justice in accordance with law and not according to his moral conviction. 34. Having discussed ......and proposition of law and he will not act as a social activist, rather he should have guided by law giving up emotion. Further, a Judge is required to dispense justice in accordance with law and not according to his moral conviction. 34. Having discussed as above we find merit in the appeal. ......………Appellant Vs. State……………………..............................Respondent Judgment March 21, 2011. Result: The appeal is allowed. Case Referred to- Suhel Rana Vs. State, 57 DLR 591. Lawyers Involved: Harunur Rashid, Advocate - Fo......ead, the convict was hatching up conspiracy to commit sexual intercourse with her. On 20-12-2002 at about 7-30 PM while the P.W.1 was coming back home after viewing television from her brother-in-law's house, on the way near the house of the convict, she was caught and raped by the convict. The ..Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)
....any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ......any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ......ies Ltd..........................................Applicant Vs. Commissioner of Taxes... .....................................Respondent Judgment March 21, 2011. Case Referred to- Desh Petroleum Service Co. Ltd Vs. Commissioner of Taxes, Zones-5, 12 MLR 48. Lawyers ......urther levy of taxes by the Deputy Commissioner of Taxes is illegal" and this judgment has become a binding precedent. The Deputy Commissioner of Taxes (hereinafter called DCT) misunderstood the law and served a notice under section 83 (1) and 79 of the Ordinance for personal hearing and follow..Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
.... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ......started in 1974. The background of that battle was that the present plaintiff respondent entered into a contract for sale of the suit land in favour of M/s Imperial commercial Industries Ltd and accordingly an agreement for sale was executed and registered on 17-8-3970. M/s Imperial commercial ......t Appellants Vs. Imperial Chemical Industries Bangladesh Limited.........Plaintiff-Respondent Judgment March 20, 2011. Result: The appeal is allowed. Cases Referred to- Wali, 19 DLR (Sc) 143; 28 DLR 392. Lawyers Involved: Fazlul Karim with Md. Omar F...... vi) What amount is payable by the decree holder towards income tax for getting the kabala deed executed and registered? vii) Whether the impugned Judgment and decree are sustainable in law? 12. Let us take up issue No. i, ii, iii and iv together for consideration and decision:&md..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
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