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BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....Advocate further submits that in the termination letter plaintiff was not given any stigma, it is simply a termination simplicitor letter by which plaintiff as per terms of the agreement has no legal right to file the suit. Learned Advocate further submits that the decision relied by the learned Jud......e defendant, directed against judgment and decree dated 25-9-2011 passed by the learned Joint District Judge, 1st Court, Dhaka decreeing Title Suit No. 6726 of 2008. 2. Plaintiff instituted the aforesaid suit praying for decree as: (a) for a decree of Taka 6,90,13,116.90 (six crore ninety ....... Natural Justice has no definition. It is to be inferred. It must be without bias and should render the decision in a judicial spirit and in accordance with the principles of substantial justice and fair play in action. The principles of natural justice are those rules which have been laid down by ......e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....een ousted by the Constitution (Fifteenth Amendment) Act, 2011 and the Constitution (First Amendment) Act, 1973 respectively. It is added that no person to whom the Act of 1973 applies shall have the right to move this Division for any of the remedies available under the Constitution other than......and order dated 17-9-2013 passed by the Appellate Division in Criminal Appeal Nos.24-25 of 2013) Judgment Surendra Kumar Sinha J. - These petitions under Article 105 of the Constitution are for review of the judgments of this Division in Criminal Appeal Nos.24 and 25 of 2013. The former ap......ring the brutality of the incidents we awarded the sentence of death, which according to us, was proportionate to the gravity of the crimes. It was contended that the sentence was harsh. What is fair play, moral, humane or inoffensive or harsh to the conscience in one country is not necessarily...... Court Division for any of the relief(s) available under the Constitution other than the one provided in the Act. 8. The intention of safeguarding this law is obvious, it is promulgated for trial of a person who has committed offences of Crimes against Humanity or War Crimes and other crim..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
.... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ......ppropriated Taka 77,978.25 paisa within that period. On this allegation the local Anti-Corruption Bureau inquired into the matter and verifying the correctness of misappropriation lodged First Information Report at Kushtia Police Station and they took up the investigation. 3. After investi...... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ......ok up the investigation. 3. After investigation charge-sheet was sub mitted under section 409 the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. 4. During trial the case record was transmitted to the Divisional Special Judge, Khulna for trial. The le..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)
..... 6. Mr. Abu Saleh Md. Fazle Rabbi Khan, learned Assistant Attorney General appears on behalf of the State and opposes the Rule submitting that the trial Judge considered the evidence on record and rightly passed the judgment and order of acquittal. 7. We have considered the grounds taken in the......njoys the presumption of innocence and an accused acquitted on trial acquires an added advantage of proven innocence………………………………………(8) Lawyers Involved: No one appears for the petitioner. Abu Saleh Md. Fazle Rabbi Khan, Assistant Attorney General-for the State. Crim...... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ...... justice arising out of misconception of law, gross procedural irregularities and apparent harshness of treatment. Generally an accused enjoys the presumption of innocence and an accused acquitted on trial acquires an added advantage of proven innocence………………………………………(8..Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24
Sheikh Md. Rafiqul Islam (Babul) Vs. Manager, Uttara Bank Limited and others, 2013, 42 CLC (HCD)
....s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ......s made absolute. Artha Rin Adalat can only be constituted by Joint District Judge alone. According to section 4, sub-section 7 of the the Artha Rin Adalat Ain, 2003, due to illness or for any other reason or the Court is in vacation, the Artha Rin Adalat cannot function with its regu......fect by office order No.742- Bichar-3/(IT,2/2001 dated 11-11-2007 issued under the signature of the Deputy Secretary (Administration), Judicial Section-3, Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh (Annexure-"B"). 3. The respondent No. 3 Mr. Sharif ud......trict Judge will appoint temporarily a Joint District Judge to continue function of Artha Rin Adalat. So for the purpose of functioning of Artha Rin Adalat to be more particular to hold the trial jurisdiction lies with the Joint District Judge. Section 41 of Ain clearly says that the Distr..Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6
....ia, that section 213 of the Act, 2006 contemplates any proceeding only at the instance of a worker, employer or collective bargaining agent for enforcement of 'his' or 'its' right in respect of employment, non employment or terms and conditions of employment in relatio......Law Act (XLII of 2006) Sections 202(21) & Sections 317(4)
Power Invested to Labour Court—
There is a Distinction between the Election of a Collective Bargaining Agent and Election for the Office Bearers of a Trade Union—
Labour Court has not been invested with any powe......on of a Collective Bargaining Agent and Election for the Office Bearers of a Trade Union—
Labour Court has not been invested with any power to adjudicate matters relating to the internal affairs, in particular dispute relating to election of its office bearers of a registered trade union ......
14. Besides, the labour Court, by the section 313, has got exclusive jurisdiction to take cog-
nizance and trial of the offences enumerated in the Act, 2006.
15. From the above it is apparent that labou..
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......heel PS Case No. 65(1)91 corresponding to DAB GR No. 12 of 1991, convicting the appellant under section 5(2) of the Prevention of Corruption Act, 1947 and sentencing him to suffer simple imprisonment for 3(three) years and also to pay a fine of Taka 6,00,000, in default to suffer SI for 6(six) month......realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......relevant documents and also recorded 161 statements of the witnesses. On completion of the investigation, he submitted a charge-sheet against the convict-appellant with a recommendation to stand trial for commission of the offence punishable under section 409 of the Penal Code read with se..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
Zakir Hossain and another Vs. Md. Shahnewaz and others, 2013, 42 CLC (AD)
....s and facts do not warrant interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 98. ......llip;Petitioners Vs. Md. Shahnewaz and others…………………….Respondents Judgment October 10, 2013. Result: The petition for leave to appeal is dismissed. An appeal from a preliminary decree is not incompetent even i......s and facts do not warrant interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 98. ......Judge, Fifth Court, Chittagong in Partition Suit No.84 of 1999 decreeing the same. 2. The facts, in a nutshell, are that the plaintiff instituted a suit for partition against the defendants. The trial Court upon hearing the parties by its judgment and order dated 20-10-2000 decreed the sui..Category: Procedural Law | Date: 10 Oct, 2013 | Hits: 12
Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)
....iation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ......Record—For the Petitioner. Mahmudul Islam, Senior Advocate and Aminul Hoque, Senior Advocate, instructed by Md. Nawab Ali, Advocate-On-Record—For Respondent No.1. Civil Petition for Leave to Appeal No.288 of 2012. (From the judgment and order dated 12.12.2011 passed by the......iation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ......ingly vacated the suit land as per direction of the Court and that the decree-holder was then put in possession of the suit land. In spite of its failure to consider the evidence of the witnesses the trial Court found the story of the possession and dispossession of the 3rd party to have been p..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....High Court Division and other materials on record. 12. The question in both the appeals is that whether the return of cheque with an endorsement "payment stopped by the drawer" gives a right to the payee or holder in due course of the cheque to initiate a proceeding against drawer und......8 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "Act") to a case in which a person issuing a cheque stopped its payment by issuing instruction to the drawee bank before payment. 2. In Criminal Appeal No.30 of 2004, the complainant-appellant SM Redwan challeng......he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ......hat account was insufficient to honour of the cheque as envisaged in section 138 of the Act. Of course this is a rebuttable presumption. The defence can be considered at the time of holding trial and not in an application under section 561 A of the Code.......(22) Cases Referred to- ..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
....any illegality or irregularity has been committed by the respondents bank in holding auction and secondly, whether this Court can interfere with such auction sale under writ jurisdiction where a right has apparently accrued in favour of a third party auction purchaser.
15. To appreciate th......one behind the back of the petitioner keeping him in the dark with a hope that no auction will be held. In ordinary prudence, in the event of selling any property of a borrower a bank ought to have inform such borrower about the quotation received from the intended buyer, there by, giving a reasonab......
October 8th, 2013.
Result:
The Rule is disposed of.
Bank’s responsibilities
The auction sale so far held by the respondent bank was not fair and has been done behind the back of the petitioner keeping him in the dark with a hope that no......costs. The order of stay granted earlier is vacated.
Communicate a copy of the judgment to the bank concerned at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 50.
..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....r submitting that a clear case of the commission of offence within the meaning of section 138 of the Act, 1881 having been made out in the petition of complaint, the Metropolitan Sessions Judge rightly framed charge against the accused under the said section of the Act, 1881, the High Co......idullah, Advocate-on-Record—For the Petitioner. Zainul Abedin, Advocate-on-Record—For Respondent Nos.2-4. None represented—For Respondent No.1. Criminal Petition for Leave to Appeal No.563 of 2012. (From the judgment and order dated the 21st day of May, 201......ng a sum of Taka 33,97,000 in connection with the dishonoured cheque and also for declaration that he (the complainant) was not entitled to encash the cheque given by him on 16-1-2011, so in all fairness, the further proceedings of the Sessions case in question ought to have been stayed ti......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
...."Satsang Bangladesh, D, Pakutia, Tangail". 3. The contrary ease of the defendants in brief is such that the case of the plaintiff is false and fabricated and the plaintiff has no legal right to file the suit. The plaintiffs "Satsang Bangladesh, D. Pakutia, Tangail" is a......ng the appeal and thereby affirmed the judgment and order dated 28-1-2008 passed by the learned Senior Assistant Judge, Pabna Sadar, Pabna in Other Class Suit No.51 of 2007 rejecting the, application for temporary injunction under Order XXXIX, rules 1 and 2 of the Code of Civil Procedure should not ......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ......ce and inconvenience lies in favour of the defendants not in favour of the plaintiff and that there exists no convincing ground for granting temporary injunction of the plaintiff. 4. The learned trial Court after hearing the application for temporary injunction while rejected the temporary..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....t;In case of rape besides the psychological trauma, there is also social stigma to the victim...................Social stigma has a devastating effect on rape victim. It is violation of her right of privacy. Such victims need physical, mental, psychological and social rehabilitation........ facts of the case have been narrated in the judgment of my learned brother Mohammad Anwarul Haque, J. and I do not propose to repeat those. However, I shall reproduce facts of the case relevant for the purpose of my opinion. 6. Accused Mostafizur Rahman and Aleya Begum were charged and tr...... of the accused persons. In this connection we are to quote an observation made in case of State of Punjab Vs. Jagir Sing; reported in SCC (1974) PP 285-286: "A Criminal trial is not like a fairy tale wherein one is free to give flight to one's imagination and fantasy. It concerns itse......the Nari-o-Shishu Nirjaton Daman (Bishash Bidhan) Ain, 1995 and against accused Aleya Begum under Section 6(1)/14 of the said Ain, read the same over to the accused, who pleaded not guilty and sought trial. 8. The prosecution produced 12 witnesses of whom 3 were tendered. The two accused per&sh..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ......unal in favour of present respondent No.1 in their respective cases. For the sake of brevity, we would like to state the facts of Civil Appeal No. 87 of 2001 corresponding to Civil Petition for Leave to Appeal No. 1145 of 2000 arising out of Writ Petition No. 2295 of 2000. ......allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ...... majority of its members in the BCS (Admn) Cadre in 1982. The Government, in consultation with the public service commission amended the BCS Recruitment Rules, 1981 and promulgated the Industrial Management Service (Abolition, Absorption and Fixation of Seniority), Rules, 1982 and the..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....umstances of the case, it is crystal clear that by capitalizing on the so-called appointments of Jewel Miah and Selim Parvez as gardeners, the appellant embezzled their monthly salaries and so he was rightly found guilty by the learned trial Judge. 20. Mr. Harunur Rashid next contends that it i......l Judge convicted the appellant under section 409 of the Penal Code, 1860 read with section 5(2) of the Prevention of Corruption Act, 1947 and sentenced him thereunder to suffer rigorous imprisonment for 5(five) years and to pay a fine of Taka 21, 00,000 in default, to suffer rigorous imprisonm......DLR 294; Moslem Ali Mollah alias Moslem Mollah and others Vs. State, 48 DLR 427 and Mansur Ali Vs. State, 39 DLR 184; Khondker Moshtaque Ahmed Vs. Bangladesh through the Secretary, Ministry of Home Affairs, 34 DLR (AD) 222; Habibur Rahman Molla Vs. State, 61 DLR 1; Khondker Moshtaque Ahmed Vs. Bangl...... accused-appellant under section 409 of the Penal Code, 1860 read with section 5(2) of the Prevention of Corruption Act, 1947. 3. Because of the abscondence of the accused-appellant, the learned trial Judge charged him under section 409 of the Penal Code, 1860 read with section 5(2) of the Prev..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....ed civilian people of Bangladesh, simply because the people successfully exercised their adult franchise and gave mandate to their elected representation to form a Government; thereby exercised their right of self determination. Members belonging to BJI actually sat in the War Cabinet of the enemy, ......…Respondents
Judgment
August 1, 2013.
Result:
The Rule is made absolute.
Cases Referred to-
Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd at 266; Whitney Vs. California, 274 US 357, 71 L Ed 1095, 47 S Ct 641 (1927); Brandenbourg Vs. Ohio, 395 US, at 447, 449, 23......nd 430; Dr. Mohiuddin Farooque Vs. Bangladesh and others, 49 DLR (AD) 1; BRAC and others Vs. Professor Mozaffor Ahmed and others, 54 DLR (AD) 36; Lord Denning M. R. in Sehmidt Vs. Secretary of Home Affairs, (1969) 1 All E.R. 904; Council of Civil Service Unions Vs. Minister for the Civil Services (&......hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....uting a peace treaty between and amongst co-equals and co-inhabitants of the city of Medina. By virtue of the Medina Charter the Muslim and non-Muslim inhabitants of Medina exercised their free will, right of self-determination and formed themselves collectively a community with collective responsib......…Respondents
Judgment
August 1, 2013.
Result:
The Rule is made absolute.
Cases Referred to-
Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd at 266; Whitney Vs. California, 274 US 357, 71 L Ed 1095, 47 S Ct 641 (1927); Brandenbourg Vs. Ohio, 395 US, at 447, 449, 23......nd 430; Dr. Mohiuddin Farooque Vs. Bangladesh and others, 49 DLR (AD) 1; BRAC and others Vs. Professor Mozaffor Ahmed and others, 54 DLR (AD) 36; Lord Denning M. R. in Sehmidt Vs. Secretary of Home Affairs, (1969) 1 All E.R. 904; Council of Civil Service Unions Vs. Minister for the Civil Services (&......
59. In Srivastava KK Vs. Bhupendra Kumar Jain, (1977) 2 SCC 494, validity of the election of Madhya Pradesh Bar Council was challenged before the Election Tribunal. During pendency of the trial the petitioner approached the High Court under Article 226 of the Constitution and o..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
.... (b) that the property is waqf property within the limits stated in the petition. 15. Section 35 of the ordinance denote that along with the Mutwalli the other person who has been given the right to challenge the notification under section 34 is "any person claiming any interest in th...... contained in section 35 as all the provisions of section 35 have been made applicable to an order made under this section which means that an order made by the Administrator is liable to challenge before the District Judge and any order made by the District Judge is appealable to the High Court, wh......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......ned Advocate with Mr. Mir Joynul Abedin, learned Advocate, appearing for the respondent opposes the submission of the learned Advocate for the appellant and supported the decision of the learned trial Judge. Learned Advocate referred to the case of Syed Masud Ali Vs. Md. Asmatullah reported in ..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....ations Ordinance, 1969 read thus: "34. Application to Labour Court.—Any collective bargaining agent or any employer or workman may apply to the Labour Court for the enforcement of any right guaranteed or secured to it or him by or under any law or any award or settlement." ...... Writ Petition Nos. 4720, 4721, 4722, 4723 and 8325 to 8362 of 2012. Judgment Syed Refaat Ahmed J.— At the instance of the Petitioner Robi Axiata Ltd, alias Axiata (Bangladesh) Ltd, forty two individual Rules Nisi were issued calling upon the Respondents to show cause why similarly......Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ......ial for a proper understanding of these competing perspectives on jurisdiction, owes much to a series of enactments that collectively governed the legal regime on labour employment and industrial relations up until the enactment of the Act. Both Mr. Rokanuddin Mahmud appearing on behalf of..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
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