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Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)

....elow without assessing the evidence on record in accordance with law decreed the suit by their judgments and decrees and thereby committed error of law resulting in an error occasioning failure of justice. He submits that one of the cause is the motive for establishing the benami transaction, b......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. ......re based upon misreading or non-consideration of evidence or founded on misconception or misapplication of law or on misinterpretation of any material document or otherwise perverse being contrary to evidence on record, law and materials on record. ...................(20) Cases Referred to- ......ction under section 115 of the Code of Civil Procedure unless it can be shown that those are based upon misreading or non-consideration of evidence or founded on misconception or misapplication of law or on misinterpretation of any material document or otherwise perverse being contrary to eviden..

Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4

Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)

.... is whether, in the facts and circumstances of this case, the impugned proceedings amounts to abuse of the process of the Court or whether the same is liable to be quashed otherwise to secure ends of justice. 7. We have heard the learned Advocates, perused the petition filed under section 561A,......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. ......ner Vs. Islami Bank Bangladesh Ltd. and another………………………Opposite party Judgment August 1, 2010. Result: The Rule is made absolute. Case Referred to- Punjtih Ali's case, 29 DLR (SC) 185. Lawyers Involved: Nikhilesh Dutta, Advotae -......08, but both these cheques were dishonored on the same date i.e. on 26-2-2008, due to insufficiency of fund; that demand notice was served on 02-3-2008 at the business address of the accused by the lawyer of the bank, as required under section 138(1)(b) of the Act for payment of the amount due und..

Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657

Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)

....sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......he suicide and sent the dead body for post mortem to the Sadar Hospital, Natore. Considering all these alongwith the post mortem report, the I.O. has found a prima facie case against the accuseds and accordingly he has submitted charge sheet No.13 dated 28.10.2001 against the accuseds under section ......……………………Convict-Appellant (In Jail). Vs. The State………………………Respondent. Judgment August 1, 2010. Result: The appeal is dismissed. Cases Referred to- Yogeshwar Gope Vs. The state, 58 DLR (AD) 2006, page 73; Tunga Veskata Krishnaiah Vs. State o......after the accused Rehana Begum hooked the door by putting a chain from outside. The accuseds raped his daughter Asma Khatun by force and to commit rape on her by force the accuseds had torn out the salawore and kamiz worn, at the time, by his daughter. Hearing the sound of resistance Abdul Jalil Mol..

Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227

Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)

....out properly applying its judicial mind into the facts and circumstances of the case and law bearing on the subject and the same has resulted in error in the impugned decisions occasioning failure of justice. 20. In the result, the Rule is made absolute without any order as to costs. The impugn......iable to be set-aside. 9. On the other hand, Mr. Jamal Uddin Ahmed, the learned Advocate appearing for the plaintiff-opposite party supports the impugned judgments of two Courts below which were according to him just, correct and proper. The learned Advocate in the course of his argument after ......��………………………Opposite Parties Judgment July 20, 2010. Result: The Rule is made absolute. In a suit for causing losses or damages, the plaintiff is required to give specific instance of damages suffered by him and the exact loss caused to him for which the ......hafiuddin, the learned Advocate submits that the cause of action for the suit arose firstly on 11.9.82 but the suit was filed on 6.7.1986 and in that view of the matter the suit was clearly barred by law of limitation but the Courts below having failed to appreciate this simple question of law and t..

Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38

S.M. Saiful Hasan Vs. Director General, Bangladesh Sugarcane Research Institute and others, 2010, 39 CLC (HCD)

....gment July 18, 2010. Result: The Rule is discharged. The Bangladesh Chini-O-Khaddo Shilpa Corporation Karmachari Chakri Probidhamala, 1989 Principle of natural justice and the necessity to issue show cause notice before the termination of service of an employ......here will be no order as to costs. The order of stay granted earlier by this court stands vacated. Zubayer Rahman Chowdhury J. - I agree. Ed. This Case is also Reported in: ......ion (Special Original Jurisdiction) Present: Zubayer Rahman Chowdhury J Farah Mahbub J S.M. Saiful Hasan……………….....................Petitioner Vs. Director General, Bangladesh Sugarcane Research Institute and others…......Respondents Judgment ......d for frustrating earlier judicial proceedings and being violative of the fundamental rights of the petitioner as well as the principle of natural justice should not be declared as illegal, without lawful authority and is of no legal effect. 2. Short facts necessary for disposal of the Rule..

Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5

Sonali Bank Vs. Sheikh Anis Uddin Ahmed, 2010, 39 CLC (HCD)

....d. Consequently Appeal from Original Decree No.841 of 1991 is dismissed. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ......g conducting lawyer for the loss but on such application which does not disclose the particulars even to the date of knowledge of the date of death of the deceased, for unexplained unknown reason according to the broad principle of law of limitation, the vested right accrued to the other side af......ioner Vs. Sheikh Anis Uddin Ahmed………………………Opposite Party Judgment July 15, 2010. Result: The rule is discharged. When the reason for causing delay is unsatisfactory and not covered by any hypothetication and the conduct of the filing lawyer is not reasonable a...... Party Judgment July 15, 2010. Result: The rule is discharged. When the reason for causing delay is unsatisfactory and not covered by any hypothetication and the conduct of the filing lawyer is not reasonable and not covered by any norms of practice as the delay is absolutely inordin..

Category: Civil Law | Date: 15 Jul, 2010 | Hits: 49

Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)

....order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ......order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ...... Md. Idris Mia son of late Korban Ali and others…………………Defendant-opposite parties Judgment July 14, 2010. Result: The Rule is made absolute. Cases Referred to- Harunor Rashid Talukder Vs Md. Mahbubur Rahman Talukder and others, 1 MLR (AD) 286; Punja......een stated that the original decree being merged with the decree of the appellate Court, the miscellaneous case under Order 9 Rule 13 of the Code of Civil Procedure is not maintainable as barred by law. The petitioner of The Miscellaneous case filed an application under Order 6 Rule 17 of the Cod..

Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3

Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)

....law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ......law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ......4, 2010. Result: The rule is made absolute. The Artha Rin Adalat Ain, 2003 (Act No. 8 of 2003); section 34 Section 34 of the Artha Rin Adalat Ain, 2003 has empowered the Adalat to detain the Judgment-debtors in Civil jail for a maximum period of 6(six) months for the purpose m......gal. 7. On the other hand, the learned Advocate for the respondent bank has mainly argued that this writ petition is not maintainable at all since the writ petitioner is a fugitive in the eye of law; that after issuance of warrant of arrest against him this petitioner did not surrender before..

Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48

ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)

....anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ......e has cited before us the case of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, reported in 60 DLR (AD) (2008) 195 the case of Shamsul Alam Vs. State, reported in 60 DLR (2008) 677 and accordingly prayed for discharging the rule. 8. The points for determination before us is whet......udgment Md. Rezaul Hasan J.- This rule under section 561A of the Code of Criminal Procedure (the Code) has been issued at the instance of the accused-petitioner calling upon the opposite parties to show cause as to why the proceedings of Sessions Case No. 458 of 2008 arising out of C.R. Case No......plaint-opposite party No.1 filed counter affidavit denying all material allegations made in the petition filed under section 561A and contending, inter alia, that this petition is not maintainable is law. 6. The learned Advocate Mr. Munshi Moniruzzaman, appearing on behalf of the accused-petit..

Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187

AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)

....on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ......on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ......az Farooq Advocate, with Iftekhar Jonaed, Advocate - For the opposite party. Civil Revision No.472 of 2006. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of Judgment-debtor petitioner calls in question the legality and propriety of the Judgment and order dated 21-09-20......n the Court of District Judge, who by exercising its power under Sections 38 and 39 of the Code transferred the execution case to the Court of Joint District Judge, for execution, who is empowered by law to execute such decree. Therefore, the Court below rightly rejected those applications which cal..

Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28

Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)

.... be allowed to take any undue advantage and nature and character of the subject matter of the suit should be protected so long the dispute is pending before the Court. Therefore, we hold that ends of justice will be met if the parties be directed to maintain status quo in respect of manufacturing, d...... aforesaid observations Civil Rule No.931 (FM) of 2009 is disposed of. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 60. ......t;Fair and Care" described in Schedule-'B' of the plaint of Title Suit No.1 of 2009. 2. Both the appeal and Rule having arisen out of a common matter in issue, these have been heard together and are being disposed of by this judgment. 3. Material facts are that on 21-1-2009 pl...... (d) to pass a decree for all costs of the suit against the defendant and in favour of the plaintiff; (e) to pass a decree for any other relief or relieves that the plaintiff is entitled to in law and in equity. 4. In suit, plaintiff by an application dated 22-1-2009 sought for temporary..

Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269

Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)

....No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ......spect case initiated by the Anti-Corruption Commission and due to wide allegation of corruption and irregularities 6 (six) members of the PSC had resigned. The writ petitions are not maintainable and accordingly, they are liable to be dismissed. The substance of the case of the PSC is altogether sim......osts were competitive and prized one and in such competitive examination "Transparency in the recruitment process was also necessary not only for the service but also for the Commission in order to maintain the public confidence in such constitutional commission."………&h......which would justify a departure in any respect for disagreeing with the advice of the Commission". It is asserted that the impugned order of cancellation of viva-voce was made in accordance with law. It is further stated that one member of the PSC (Dr. Mahfuzur Rahman) was involved in a graft s..

Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104

Bangladesh Legal Aid and Services Trust and Others Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

....zila of Nilphamari district and forced her to leave the village with her two children as she refused to engage in sexual relations with Miru, son of the U.P Chairman.of the same village, and demanded justice from the Chairman. 11. According to a news report dated 19.9.2009 published in "The Daily....... We have already stated that the extra-judicial punishment in the form of lashing, beating are inflicted on women and men across the country. These acts attract sections 323 to 326 of the Penal Code according to the nature of the injuries. When a woman is compelled to perform Hilla marriage it is a......Petition No. 4275 of 2010). Vs. Government of Bangladesh and Others………………………..Respondents. Judgment July 8, 2010. Result: Rules are made absolute. Case Referred to- HM. Ershad v. Bangladesh, 2001 BLD (AD) 69. Lawyers Involved: Ms. Sara Hossain, Advocat......Syed Mahmud Hossain J.- Writ Petition Nos. 5863 of 2009, 754 of 2010 and 4275 of 2010 have been heard together and are being disposed of by this common judgment as they do involve common questions of law and facts. 2. In Writ Petition No. 5863 of 2009 a Rule Nisi was issued on the following terms..

Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335

Chairman, National Board of Revenue (NBR) Vs. Advocate Zulhas Uddin Ahmed and others, 2010, 39 CLC (AD)

.... of the learned Assistant Attorney General appearing for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52. ...... of the learned Assistant Attorney General appearing for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52. ........…Petitioner Vs. Advocate Zulhas Uddin Ahmed and others.............Respondents Judgment July 8, 2010. Result: The petition is dismissed. Lawyers Involved: S. M. Moniruzzaman, Assistant Attorney-General instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Monzil Mors...... public health as among its primary duties, and in particular shall adopt effective measures to prevent the consumption, except for medical purposes or for such other purposes as may be prescribed by law, of alcoholic and other intoxicating drinks and of drugs which are injurious to health. (2)......

Category: Health Law | Date: 8 Jul, 2010 | Hits: 376

Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)

.... not matter whether the decree was obtained by forgery, misrepresentation, false personation, suppression of fact, misleading the court or use of any other malafide device, no process or procedure of justice can sit upon the decree so obtained. He admits such deterrent provision has been made to pre......3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ...... filing appeal. ........... (4) Judgment and Order of Artha Rin Adalat – is it challengeable? Section 6 of Artha Adalat Ain, 1990 has ousted jurisdiction of all courts and authorities to challenge Judgment and Order of Artha Rin Adalat. But under section 7 of Artha Rin Adalat Ain, 19......ustice can sit upon the decree so obtained. He admits such deterrent provision has been made to prevent loan default culture, but now a days it appears that by taking advantage of such deterrent law, forged, fraudulent documents are being used, fraudulent and mala fide devices are being practic..

Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6

Abul Hashem Vs. State, 2010, 39 CLC (HCD)

....e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ......xamined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and after completing all the formalities found prima-facie case against the accused-persons and accordingly submitted the charge-sheet being CS No.11 dated 30-1-1999 under sections 302/149/34 of t......spondent Judgment May 26, 2010. Result: The Appeal is allowed. The Evidence Act, 1872; Section 114(g) The Code of Criminal Procedure, 1898; Section 161 When to take an Adverse Presumption- In a case where there is no eyewitness or there is hardly......udgment, FIR, charge-sheet, charge, deposition of the witnesses, Memo of Appeal and the paper/documents as available in the paper book submits that conviction and sentence of the appellants is bad in law and facts and, as such, not sustainable in law. He further submits that the trial Court without ..

Category: Evidence Law | Date: 26 May, 2010 | Hits: 8

Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)

....n compliance of the order as contained in notice dated 23.7.2001 and that since the above initial order of the appellant No. J dated 23.7.2001 having been issued in violation of principles of natural justice is not a legal order, the respondent had no legal obligation to abide by the same and becaus......how cause in terms of letter dated 7.8.2001, notice dated 26.8.2001 was issued and in any view of the matter since disputed question of facts are involved, those can not be resolved by affidavits and accordingly the writ petition is not maintainable. 4. The High Court Division, after hearing, mad......(2011) 54, VIII ADC (2011) 29. ...... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ..

Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63

Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)

....ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......mount already paid as earnest money and defendant No.1 be directed to execute and registered the sale deed within a time specified by the Court, failing which the said deed be executed and registered according to the provisions of Order 21, rule 34 of the Code of Civil Procedure. 4. Defendant N......hat the bainapatra is executable then next, a decree must be awarded for execution and registration of the same. If there be any ambiguity in executing the same, the Court then lifts its hands off to pass a decree. A contract is specifically enforceable when it is a concluded contract, it contai......acity to the contract, it is upon a valuable consideration and is not be illegal…………………………………(15) The contract must have the essentials of a contract and binding at law in order to be enforceable. Relief granted under section 22 of Specific Relief Act is a discre..

Category: Property Law | Date: 12 May, 2010 | Hits: 133

Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)

.... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ...... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ......38. ......Result: The rule is discharged. Jurisdiction of Concerned VAT officer In case a petitioner takes excess rebate of VAT, the concerned VAT officer under section 9 (2) of the VAT Act has lawful Jurisdiction to cancel the rebate and adjust it on the current account register of the petiti..

Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6

Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)

....er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......ellip;……………Respondents Judgment May 10, 2010. Result: The appeal is dismissed. Lawyers Involved: Md. Akram Hossain Chowdhury, Deputy Attorney General - For the Appellant. First Appeal No.117 of 1990. Judgment Md. R......ned Deputy Attorney General appearing for the appellant submits that the suit land is a fishery and that is non-retainable by the Government and as such the learned Joint District Judge erred in law in decreeing the suit. The learned Deputy Attorney General secondly submits that exhibits Ka and..

Category: Evidence Law | Date: 10 May, 2010 | Hits: 161

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