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Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ......ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ......;………(29) The process of the Court must not be used as an engine of harassment in so far as the petitioner is concerned. Consequently, the High Court Division in its inherent jurisdiction under section 561A of the Code of Criminal Procedure is competent to quash the proceedi..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
....pur. The importer thereafter, started selling the said lentils from the said godown to different purchasers and accordingly sold 19,950 Kg lentils in 399 bags to the petitioner on 07-8-2010, the total value being Taka 17, 15,700, and issued a challan in favour of the petitioner in respect of su......ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......nquiry committee could not conclude that the said lentils were smuggled goods, the authority ought to have released the goods in favour of the petitioner. By not doing so, the authority acted without jurisdiction and, as such, the writ petitions are maintainable.
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Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3
....pur. The importer thereafter, started selling the said lentils from the said godown to different purchasers and accordingly sold 19,950 Kg lentils in 399 bags to the petitioner on 07-8-2010, the total value being Taka 17, 15,700, and issued a challan in favour of the petitioner in respect of su......ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......nquiry committee could not conclude that the said lentils were smuggled goods, the authority ought to have released the goods in favour of the petitioner. By not doing so, the authority acted without jurisdiction and, as such, the writ petitions are maintainable.
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Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....t claim the auctioned property and the decree as well as the auction notice do not show that the mortgaged property is specified or clearly identified or demarcated and can easily be separated out of total land in the dag in question, section 32 (2) of the Ain, 2003 is therefore not attracted and se...... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ...... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ...... there has been invasion of the fundamental rights of the writ petitioner. It is also difficult to sustain to the view that this congestion has caused environmental degradation of the locality in the absence of law in that regard. 32. Learned Counsel tries to make out a case that this revision of......xcess causes a legal injury to a specific class or group of individuals or a public injury or public wrong or infraction of fundamental rights affecting a number of people is involved the exercise of jurisdiction by Court is justiciable. If grievances of those people are unredressed due to poverty, ..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)
.... employee of the Grameen Bank. During the years 2003-2006, he was entrusted with the responsibility of collecting installments from the members of the Grameen Bank. At that time, he misappropriated a total amount of Taka 65,886 from the collection. A departmental proceeding was drawn up on the charg......ccordance with the aforesaid Rules, 2007. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114 ......ccordance with the aforesaid Rules, 2007. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114 ..Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....d and Shah Alam in presence of present Vice Chairman Shafiqul Islam Robi and member Sattar Shaheb of the Muktijoddha Council in presence of the informant but Kabir Ahmed and Shah Alam distributed the total amount of Taka 50 lakh including the said Taka 20 lakh amongst them never returned or deposite......member of the Election Commission acting as the Acting Chief Election Com missioner could not exercise the power of the Election Commission constituted under Article 118(1) of the Constitution in the absence of delegation of the power of the Commission for exercise by one of the members of the Commi......trenuous argument touching upon various provisions of the Anti-Corruption Commission Act 2004 and its relevant Rules asserting that the instant proceeding against the petitioner is absolutely without jurisdiction and without any lawful authority being ex facie illegal and the same should be declared..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
State Vs. Secretary, Ministry of Home Affairs (II), 2010, 39 CLC (HCD)
....stody within the different prisons of this country during August 2010. A further Memo No. পিডি/পরি- 25/2010/2567(2) dated 03.10.2010 has been forwarded to this Court giving details of a total of 121 children up to the age of 18 years held in custody within the different prisons of this...... Chief Judicial Magistrate. Let a copy of this judgment be communicated to the respondents at once. Obaidul Hassan J. - I agree. This case is also Reported in: 8 LG (2011) HCD 293. ...... Chief Judicial Magistrate. Let a copy of this judgment be communicated to the respondents at once. Obaidul Hassan J. - I agree. This case is also Reported in: 8 LG (2011) HCD 293. ..Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....dings and observations we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ......ndant-petitioner submits that the High Court Division erred in law in applying the doctrine of the vicarious liability which cannot be applied in deciding the cause of action of the instant suit in absence of two essential conditions of co-existence of the relationship of master and servant an......dings and observations we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
Deen Mohammad Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....ereby vacated. Let a copy of the Judgment be sent to the concerned authority at once for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 506. ......ereby vacated. Let a copy of the Judgment be sent to the concerned authority at once for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 506. ...... to have resort under section 17(6) of the Bank Company Act, 1991. 17. It will not be out of place to mention that the impugned opinion of the Bangladesh Bank cannot also be challenged in a writ jurisdiction unless in view of the same opinion a positive order is made by the respective Bank. In ..Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423
Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)
....ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55....... does not corroborate the prosecution evidence. On this issued we would refer to a decision cited in AIR 1983 (SC) 911, between Sheikh Zakir Vs. State of Bihar, in which case it has been held that, absence of medical evidence in a case of rape need not necessarily result in failure of the case. He......ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55...Category: Women and Children | Date: 11 Oct, 2010 | Hits: 154
Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)
....has to be nominated by a registered political party or has to be an independent candidate and the argument put forward by the Election Commissioner in para-2 of the "Paripatra 13Ka" is totally contradictory to the said Article 12(1) (b). As the Respondent No.1 was the only candid......indings and observations, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 89. ......es of law only, it shall try those issues first, and for that purpose may, if it thinks fit, postpone the settlement of the issues of fact until after the issues of law have been determined. The jurisdiction to try issues of law apart from the issues of fact may be exercised only where in ..Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....d a show cause notice alleging that value of the seized products were Tk.1,57,71,07,311/- and that the petitioner evaded Supplementary Duty of Tk. 23,61,16,269/- and VAT of Tk.25,43,26,136/- making a total duties of Tk. 49,04,42,405/-. 4. The notice further alleged that the Commercial Manager o......etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ......so a direct contradiction of the submissions made by the Respondents. Summing up his argument the learned counsel finally submits that in passing the impugned order the respondents have acted without jurisdiction and for that reason this writ petition under Article 102 of the Constitution is absolut..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
State Vs. Md. Sayab Ali, 2010, 39 CLC (AD)
....kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ......um died in the house of the accused-respondent as a result of the injuries, the onus lies upon her husband to explain the circumstance under which his wife succumbed to injuries and that in the absence of proper explanation no person other than her husband, the accused-respondent, is responsib......kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ..Category: Women and Children | Date: 7 Oct, 2010 | Hits: 126
Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....order as to cost. The order impugned against is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 67. ......order as to cost. The order impugned against is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 67. ......hence the issuance of further notice (Annexure-C) by the respondent upon the petitioner over the selfsame matter is malafide, illegal and unauthorized which is liable to be declared without jurisdiction and is of no legal effect. In support of his contention the learned Counsel reliance in..Category: Anti-Corruption Laws | Date: 5 Oct, 2010 | Hits: 182
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
....rkers are children. Respondent No.2 bemoans the fact that the number of inspectors in correlation to the number of factories and shops and other establishments, which they are required to inspect, is totally inadequate and the enforcement machinery is not capable of doing the work of inspection prop......des any person having legal custody of or control over a child. 36. Disputes as to age.- (1) If any question arises as to whether any person is a child or an adolescent, the question shall, in the absence of a certificate as to the age of such person granted by a registered medical practitioner, ...... (2011) HCD 36, 8LG (2011) HCD 1. ..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....nt be communicated to the IGP and to the Ministry of Home Affairs and other respondents at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 195; 30 BLD (HCD) (2010) 481. ......nt be communicated to the IGP and to the Ministry of Home Affairs and other respondents at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 195; 30 BLD (HCD) (2010) 481. ......nt be communicated to the IGP and to the Ministry of Home Affairs and other respondents at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 195; 30 BLD (HCD) (2010) 481. ..Category: Women and Children | Date: 24 Aug, 2010 | Hits: 187
Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)
....eous Case No. 390 of 2008 (arising out of Artha Rin case No. 291 of 2003) is without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 205 ......o be filed within 30 days and deposit of 10% of the decretal amount within 15 days from the said application. In the instant case, the Adalat having exercised the jurisdiction under section 19 in the absence of such jurisdictional facts, we are of the view that the Adalat acted without jurisdiction....... impugned order dated 17-4-2008 passed in Miscellaneous Case No.390 of 2008 allowed the same and restored the suit to its file and number. Being aggrieved, the petitioners moved this Court under writ jurisdiction and obtained the rule. 5. The rule is contested by Sonali Bank (respondent No.2) b..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ......r of the person whose name appears as the transferee in the deed, but this presumption is rebuttable. Source of consideration money though an important criteria in a benami transaction, but in the absence of an unambiguous ownership consideration of other relevant circumstances become important ...... The Code of Civil Procedure, 1908 (Act No. 1908); section 115 The concurrent finding of facts arrived at by the Courts below should not be disturbed by the High Court Division in revisional jurisdiction under section 115 of the Code of Civil Procedure unless it can be shown that those are..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
....d from his bail bond. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 540. ......n 138(1) of the Negotiable Instruments Act exclusively by the Court of Sessions. But, the Act did not confer any jurisdiction in the Sessions Court to take cognizance directly in such cases. In the absence of any provision to take cognizance by the Court of Sessions section 193(1) of the Code of......sh Dutta appearing for the accused petitioner, drawing our attention to the complaint petition, submits that the case being triable exclusively by the Court of Sessions, the learned Magistrate had no jurisdiction to take cognizance and, as such, the initiation of the case is without any jurisdiction..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
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