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....tter of Credit against master Letters of Credit sent by its foreign buyers, from time to time. The imported goods were stored without payment of the required customs duty, tax and other charges after proper declaration submitted with the authority and released from the warehouse for use for man...... J.-Rule was issued calling upon the Respondents to show cause as to why the Notice being Nothi No.5(13)87/Cus-Bond/96/17407 dated 29.8.2005, evidenced by Annexure-E to the Writ Petition demanding payment of Tk. 2,14,50,715.00 should not be declared, to be issued without lawful authority a...... order as to costs. The show cause notice dated 29.8.2005 being Nathi No. 5(13)87/Cus-Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
..
Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ondent No.4 and why the respondent No.4 should not be directed to pay the balance fine amount of Taka 2,74,35,000 and or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner, being a dedicated and ardent human rights activist and an Advocate of ......eme Court High Court Division (Special Original Jurisdiction) Present: MM Hossain J Farid Ahmed J Abdul Mannan Khan (Md.)..........................Petitioner Vs. Bangladesh and others.........................Respondents Judgment May 25, 2006. Result: The Rule ......Criminal Law Amendment Act 1958 and Penal Code, it is to be considered that Article 20 of the Constitution, provides for the general principle of prohibition on unearned income to the effect that a legal process or proceedings must not end in permitting a convict to retain unearned income accumu..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)
.... may pass an order to put any woman or child in custody of Government authority in a place selected by the Government for this purpose or in the custody of any person or organization as may be deemed proper by the Tribunal outside jail. This is an enabling provision. The amended Sub-section (8) to S......ith Advocate Kowser Parvin Hoque………………………………………….Appellant Vs. The State and others……………………………&h......in his custody as alleged as father-in-law stating that she had gone out with his son Rabiul Hasan freely and voluntarily and married him on 20.1.2005, she having admitted his son Rabiul Hasan as her legal husband in her statement before the learned Magistrate under section 22 of the Nari-O-Shishu N..Category: Women and Children | Date: 10 May, 2006 | Hits: 6
....F) should not be declared to have been held and initiated
without lawful authority and to be of no legal effect and or such other or
further order or orders passed as to this court may seem fit and proper.
2. The petitioner
is a Bangladeshi Private Limited Company represented by its Chief Ex......CD) (2008) 57.
......e to be observed by the agent is
expected in terms of the skill which an agent in his position would usually
possess and exercise. But an agent is not obliged to perform the undertaking if
it is illegal…………………………………..(24)
The
Securities and Exchange Ordinance, 19..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....the I.R.O. cases, shall not be declared to have been made without lawful authority and to be of no legal effect and or such other or further order or orders passed as to this Court may seem fit and proper. 3. For the sake of brevity and convenience we would like to discuss, in brief, the res......ported in: 28 BLD (HCD) (2008) 427. ......ion and order dated 3.03.2004 passed by the Chairman, 3rd Labour Court, Dhaka respondent no.1, in the I.R.O. cases, shall not be declared to have been made without lawful authority and to be of no legal effect and or such other or further order or orders passed as to this Court may seem fit and ..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
.... of Bangladesh, issued the following Rule on 27-5-2001 upon the respondents: “Let a Rule Nisi be issued calling upon the respondents to show cause as to why they should not be directed to take proper steps and measures for recovering the arrears of telephone bills from the Members of the Parl......8) 40; 13 MLR (HCD) (2008) 233. ......aulting members of Parliament, past or present, just like any of its other defaulting subscribers, otherwise, the concerned authorities themselves will be liable for dereliction of their official and legal duties………………(48) Lawyers Involved: Dr. Shahdeen Malik with Sara Hossain,..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....up as yet and the time for concluding the proceeding is 180 days under Regulation No.10 which have elapsed long before filing this writ petition as such the impugned orders are malafide, without proper application of mind and thus not sustainable in law. The learned Advocate referred two o......……………………………Petitioner Vs. The National University, Gazipur represented by the Vice-Chancellor, Gazipur-1706 and others……………………………&h......f suspension dated 10.06.2004 as in Annexure-A and the notice dated 21.03.2005 to show cause as in Annexure- 'B' should not be declared to have been made without lawful authority and be of no legal effect and why a declaration should not be made to the effect that the petitioner was and cont..Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
.... to be speaking from recollection along, undiverted by any personal motive, or in the alternative, they should be speaking before the authority, i.e. the conditions should be such as import proper legal sanctions in case there should be variation from the truth. 6. P.W.2 stated that t......abya Khatun…………………………………………………..Petitioner Vs. The State and another……………………………&......speaking from recollection along, undiverted by any personal motive, or in the alternative, they should be speaking before the authority, i.e. the conditions should be such as import proper legal sanctions in case there should be variation from the truth. 6. P.W.2 stated that the seiz..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)
.... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ......er the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ......Order 6, Rule 17 of The Code had been fired off. 3. Civil Revision Petition had been offered a rejoinder from the side of defendant opposite party No.1 (b) by way of a Counter-Affidavit. 4. The legal debate attracting the attention of this Revisional Court is whether the amendment of the plain..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
Delwar Hossain Vs. State and others, 2006, 35 CLC (HCD)
....nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ......urt Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Quddus J Md. Abdul Hye J Delwar Hossain.................................Appellant Vs. The State and others.........................Respondents Judgment April 17, 2006. Result: ......th appears to be 14.12.1990 and she being a minor girl of 14 years 7 months on 01.08.2005 (date of alleged marriage), her consent in the said marriage would be immaterial and a minor's consent has no legal force. Accused respondent Nos. 2-4 abated the commission of offence under sections 7/30 of the..Category: Women and Children | Date: 17 Apr, 2006 | Hits: 24
Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)
....mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ......ting to sexual harassment under section 10 of Nari-O-Shishu Nirjatan Daman Ain, 2000, there will be no scope for the Tribunal to take cognizance of offences under Penal Code like forceful confinement and beating separately in case in the absence of any offence under provisions of Nari-O-Nirjatan Dam......er Penal Code like forceful confinement and beating separately in case in the absence of any offence under provisions of Nari-O-Nirjatan Daman Ain, 2000 as amended. The complainant appellant may seek legal relief for offence of sexual harassment under Penal Code before regular criminal court under t..Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
Md. Delwar Hossain Vs. State represented the DC, Narayanganj & another, 2006, 35 CLC (AD)
....he Adalat as he was absconding from the very inception of the case. 7. In the circumstances of the case and in view of the discussion above, we are of the view that the High Court Division upon proper consideration of the materials on record arrived at a correct decision. We do not find an......ate, instructed by Md. Abu Siddique, Advocate-on- Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 426 of 2005. (From the judgment and order dated 28.11.2002 passed by the High Court Division in Writ Petition No. 5684 of 2002). ......sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ..Category: Women and Children | Date: 9 Mar, 2006 | Hits: 127
Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)
....en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......Huq J.- In challenge of the righteousness of pronouncement of a Judgment of conviction for offence punishable under section 11(Kha) of Nari-O-Shishu Nirjatan Daman Ain of 2000 (For short Ain of 2000) and consequential sentence of seven (7) years rigorous imprisonment and a fine of Taka 3,000/- and f......t shoulder posteriorty size 1" x 1" ' 3. Multiple painful diffuse swelling on the back & anterior chest wall. Evidence of P.W.10 further brings to light that he did not issue any Medico legal Certificate in respect of bone fracture injury. Evidence of P.W.10 Doctor is extracted hereund..Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
.... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ...... Court Division (Criminal) Present: AKM Fazlur Rahman J Sayed Mohammad Ziaul Karim J Md. Abdul Hannan alias Khalil………………………Appellant Vs. The Sate and another……………………...........Respondents Judgment February 7, 2006. ......s well as other evidence including school admission register as to the age of the victim. He adds that the medical report of the victim of that G.R. Case lying with the record of the present case may legally be considered. In the school admission register the father's name of the student named Nasim..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....Suit No.279 of 1999, dismissing the suit. 2. The appellant as plaintiff instituted the suit No.279 of 1999 against the defendants for specific performance of contract in respect of the suit property measuring 1 Bigha 13 Katha 14 chattacks and a pucca building standing thereon situated at ......tion) Present: Siddiqur Rahman Miah J Syed AB Mahmudul Huq J M. Manzur Ahmed……………………………………………………Appellant Vs. Mrs. Inge Flatz and others…………………………………….Respondent Judgment December 15, 2005......ct Judge on consideration of the evidence on record, dismissed the suit by the impugned judgment and decree dated 16.08.2001 holding, inter alia, that the agreement for sale dated 10.08.1985 was illegal and not enforceable. 18. Being aggrieved by the aforesaid judgment and decree dated 16.0..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
....eing Artha Jari (Money
Exception) Case No.417/2003. In the execution proceedings auction sale notice
was published in the Daily Ittefaq on 8.6.2005 fixing 14.7.2005 the date of
auction sale of the property which included the property of the petitioner.
Thereafter, the petitioner sent one of thei......nal Jurisdiction)
Present:
Md. Awlad Ali J
Zinat Ara J
M/S. Uttara Properties Ltd…………………………………………Petitioner
Vs.
Joint District Judge and Artharin
Adalat No.1, Dhaka and others…………Respondents
Judgment
December 15......
Result:
The Rule is made absolute.
The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003);
section 32
Furnishing of security under section 32 (2)
of the Act is a legal requirement. By reading sections 32(1) and (2) of the Ain together,
it can be inferred that t..
Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
..... Respondents (In both the appeals) Judgment December 8, 2005. Result: The appeals are dismissed. The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), Section 92 Once a property becomes property of the deity, which is immortal and it continues to be a property of the d......angladesh, represented by the Deputy Commissioner & Deputy Custodian Enemy Property, Dhaka .....................Appellant (In Civil Appeal No. 217 of 2000) Vs. Hindu Deity Luxmi Gobinda Jew and others .... Respondents (In both the appeals) Judgment December 8, 2005. Result: ...... property as abandoned property under section 92 of the State Acquisition and Tenancy Act, 1950 since the whole exercise was done treating the property as secular property, which, in fact was not the legal position…………………….(15) Case Referred to- Sukumar Bose and others Vs. Aba..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
....der Order XXI Rule 98 of the Code of Civil Procedure read with Section 57 of the Artha Rin Adalat Ain, 2003, praying for deployment of law enforcing agency for handing over the possession of the suit property in favour of the decree-holder petitioner.
2. It appears that the International Finance ......eported in: 27 BLD (HCD) (2007)61.
...... of the decree-holder-appellant submits that although the execution case was disposed of, furnishing a certificate of title in favour of the decree-holder but the decree-holder is entitled to further legal assistance under the ambit of Order XXI rule 98 read with Section 57 of the Act, effecting act..
Category: Property Law | Date: 7 Dec, 2005 | Hits: 22
....that exhibits marked as Ka -Sa on behalf of the defendants
amply show that the proceeding of her dismissal was not taken by the
resolutions of the Governing Body of the College in it's meeting held properly
and in accordance with Rules of the Board of Intermediate and Secondary Educations
Gove......
Present:
Md. Abdul Aziz J
Most.
Musarraf Sultana………………………………………………………………………………………Petitioner
Vs.
Principal and Member-Secretary,
Kanchipara Mahabidhyalaya and others……Opposite Parties
Judgment
......be set
aside.
2. The petitioner as plaintiff
instituted the suit on 29.2.2000 for declaration that the order of dismissal
from her service passed by the authority of Kanchipara College is illegal,
void, collusive, without jurisdiction and of no legal effect and is liable to
be cancelled ..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....bmitted that the means of recognition, that is a 'Kupee' lamp, was not seized by the investigating officer and, as such, the prosecution was not able to prove the case of recognition of the assailant properly in accordance with law. It is also submitted that the condemned prisoner Maku Rabi Das had ......ent Vs. Maku Rabi Das…………………….Condemned-Prisoners Judgment November 21, 2005. Result: The death reference is accepted. Jail appeal stands dismissed. Cases Referred to- Yusuf Sk Vs. Appellate Tribunal, 29 DLR (SC) 211;......o an established principle of law that it is not the quantity but the quality of evidence is necessary to be considered. If testimony of a single witness is found to be entirely reliable, there is no legal impediment to record conviction of the accused person on such proof. We find the evidence of P..Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
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