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Judgment
January 27, 2014.
Result:
This petition is disposed of.
Section 27 is an independent provision and for initiation of a proceeding against any person under the provision, no notice is required to be served. If the prosecution can establish that a......anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 185.
......anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 185.
......ab Miah J
Hasan Foez Siddique J
AHM Shamsuddin Chowdhury J
Anti-Corruption Commission........................Petitioner
Vs.
Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku and another...........Respondents
Judgment
January 27, 2014.
Result..
Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 10
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
....e is also Reported in: ......dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......y 2, who voluntarily surrendered before the Chief Metropolitan Magistrate and obtained bail on furnishing an undertaking that he would pay the entire amount by installments. The cases being ready for trial were sent to the Metropolitan Sessions Judge, Dhaka, where from those were sent to the Special...... late Md. Motiur Rahman, Sabbir Tower (5th Floor), 3/4, Purana Paltan, Police Station-Paltan,District-Dhaka…………..Petitioner (In both the revisions) Vs. The State and Md. Syed Rejaul Karim Salim,son of late Abdur Rauf and the Managing Director, Gomati Housing Ltd..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)
....and Md. Mofizuddin Vs. Abdul Hakim, 33 DLR (AD) 305…………………………(15) Word and phrase Co-sharer A co-sharer means a person whose interest subsists throughout the course of the application to preempt and not a perso...... found that the pre-emptor has lost his right, title and interest in the case holding by selling out his interest therein by a registered deed of sale dated 29-6-2005 and, as such, no interference is called for. 10. We have considered the submissions of the learned Advocates, perused the impugn...... and the pre-emptor now became greedy to grab the case land with ill motive and, as such, the pre-emptee-respondents prayed for dismissal of the case. 4. After hearing the parties, the trial Court by its judgment and order dated 22-5-2002 dismissed the preemption case. 5. Ag......ana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J Abdul Hakim (Md.)………………….Petitioner Vs. Md. Nazrul Islam and others………………….Respondents Judgment Ja..Category: Property Law | Date: 20 Jan, 2014 | Hits: 44
State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)
....p;……Respondent Judgment January 15, 2014 Result: The appeal is accordingly allowed. No Court of law can give any protection or entertain any application by a person Fugitive from Justice An accuse person who avoids the process of any court is a fugitive fr...... Senior Special Judge, Dhaka is directed to proceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ...... Dhaka who granted bail to him on Rahman 24-5-2001 till submission of charge sheet. After submission of charge sheet, the case records were sent to the Court of Senior Metropolitan sessions Judge for trial, where Special Case No. 2 of 2002 was registered and the Special Judge granted bail to th......lowed. No Court of law can give any protection or entertain any application by a person Fugitive from Justice An accuse person who avoids the process of any court is a fugitive from justice and can not seek justice without surrendering before a court of law. A man who seeks justice fr..Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
.... sixteen and paisa ninety) only as on 31-10-2008 in favour of plaintiff and against the defendant; (b) A decree for interest @ 16% on suit value w.e.f. 1-6-2007 to till realization in full; with some other prayers including interest at the rate of 16% with effect from 1-6-2007. 3. Learned ......otice for cancellation of the contract, cancellation having been done in accordance with the terms of the agreement and being in exclusive jurisdiction of the defendant, as such termination cannot be called in question. Learned Advocate further submits that in the termination letter plaintiff was no......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 ......ul Islam, 49 DLR (AD) 177 Mozibar Rahman Vs. The Chairman, Dhaka Improvement Trust DIT Building, Dhaka, 41 DLR (AD) 131 D Wren International Ltd. Vs. Engineers India Ltd., AIR 1996 Calcutta 424 Desai and Co. Vs. Hindustan Petroleum Corporation Limited, AIR 1987 (Guj) 19 Jamuna Oil Company Limited Vs..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....ident of Section-1, Block-D, Road No.2, Plot No.13, Mirpur; charge No.4 was relating to mass killing at Bhawal Khan Bari and Ghotarchar (Shahid Nagar) of unarmed innocent civilians; charge No.5 was also relating to mass killing of 344 civilians of village Alubdi, (Pallabi, Mirpur) and the last charg......9;the Court shall refer to these statements at the request of the defence and shall also furnish with the copies thereof. "According to proviso of section 162 of the Code, when a witness is called for, the prosecution in the trial, any part of his statement, if duly proved, may be use...... 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......ri Sangha Vs. AIR Ltd., AIR 1988 SC 1325; Seraj Uddin Ahmed Vs. AKM Saiful Alam, 56 DLR (AD) 41; M. Amir Khan Vs.Collector Estate Duty, 14 DLR (SC) 276; Northwest Frontier Province Vs. Suraj Narain Anand, PLD 1949 PC 1; Poonam Vs. Sumit Tanwar, (2010) 4 SCC 460; Pakistan Vs. Akhlaque Hossain, 17 DLR..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
....ne charge. Then he amended the charge by dividing the period into three and resumed the trial and convicted the appellant under section 409 of the Penal Code and sentenced him to suffer rigorous imprisonment for one year for each particular period. 6. Being aggrieved by and dissatisfied with th...... 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......, Advocate-on-record—For Respondent. Khurshid Alam Khan, Advocate, with leave of the Court—For Anti-Corruption Commission. Criminal Appeal No.22 of 2004. (From the judgment and order dated 2nd of July, 2003' passed by the High Court Division in Criminal Appeal No. 2907..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)
................Opposite Parties Judgment November 21, 2013. Result: The Rule is discharged. In a criminal revision the scope of reassessment of evidence is narrower than that in an appeal. It is also difficult to interfere with a judgment and order of acquittal, unless there is non-consideration ...... 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......rt Division (Criminal Revisional Jurisdiction) Present: Muhammad Abdul Hafiz J Md. Ruhul Quddus J Md. Abdur Rob Bhuiyan............................................Petitioner Vs. Sheikh Ahammed and others…………......................Opposite Parties Judgment November 21, 2013. Result:..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)
....afiqul Islam (Babul)....................Petitioner Vs. Manager, Uttara Bank Limited and others..........Respondents Judgment November 20, 2013 Result: The Rule is made absolute. Artha Rin Adalat can only be constituted by Joint District Judge alone. According......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. ......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......iginal Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Sheikh Md. Rafiqul Islam (Babul)....................Petitioner Vs. Manager, Uttara Bank Limited and others..........Respondents Judgment November 20, 2013 Result: The Rule is m..Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6
....d others...................... Petitioners
Vs.
Chairman, First Labour Court, Dhaka and others..........Respondents
Judgment
November 18, 2013.
Result:
The Rule is made absolute.
Bangladesh Labour Law Act (XLII of 2006) Sections 202(21) & Sections 317(4)
Po......y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 313
......
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......R (HCD) (2015) 313
..
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....of Motijheel 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(si......th the Motijheel Police Station against the convict-appellant alleging inter-alia that in course of rendering service as Chairman of Bangladesh Chemical Industries Corporation hereinafter called BCIC, the convict-appellant on the basis of a contract dated 12-4-1988 appointed&......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......- Hasanuddin Sarker Vs. State, 34 DLR 287; Kazi Ahammad Bazlul Karim Vs. State, 11 BLC 60; Abdul Bari Vs. State, 3 BLC 474; Habibur Rahman Mollah Vs. State, 61 DLR. Lawyers Involved: Khandhar Mahbub Hossain with Md. Shah Alam, Advocates—For the Appellant. Md. Abdul Hai, DAG..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)
....y;ment and order dated 20-10-2000 decreed the suit ex-parte in preliminary form and the final decree was drawn on 18-10-2003. Against the preliminary and final decrees, defendant No.13 along with her son as the appellants preferred Other Appeal No.413 of 2007 before the learned District Judge, Chitt......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......o Reported in: 66 DLR (AD) (2014) 98. ..Category: Procedural Law | Date: 10 Oct, 2013 | Hits: 12
Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)
....f 2004 renumbered as Title Suit No.2725 of 2008 under section 9 of the Specific Relief Act got a decree for recovery of possession. In that suit, the plaintiff-petitioner got decree against a dead person and the 3rd. party-respondent was not a party to the suit. Therefore, Miscellaneous Case No.14 o......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......;.Respondents Judgment October 10, 2013 Result: The civil petition is dismissed. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, AJ Mohammad Ali, Senior Advocate and Quamrul Islam Siddique, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record&mda..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
.... 31 of 2004 involve a pure question of law as to the applicability of section 138 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. ......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- ......Abdul Wahhab Miah J Hasan Foez Siddique J SM Redwan………………...............Appellant (In Criminal Appeal No.30 of 2004) Vs. Md. Rezaul Islam and others........…Respondent (In both the cases) Judgment Octob..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
....d others..........Respondents
Judgment
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 ...... deposited Taka 40,000. He further advised to deposit some money, further to which the petitioner again paid Taka 80,000 by pay order. It is also asserted that said Abdul Jalil, the husband of the so called auction purchaser, is a close door neighbour of the petitioner and is identified as the ......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.
......tion)
Present:
Syed Refaat Ahmed J
Mahmudul Hoque J
Proshanta Kumar Sarkar....................Petitioner
Vs.
Managing Director, Agrani Bank Ltd Head Office and others..........Respondents
Judgment
October 8th, 2013.
Result..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....rned Metropolitan Sessions Judge by his order dated 26-2-2012 rejected the prayer for discharging the accused from the case, but did not pass any order on the alternative prayer. And this order was also challenged before the High Court Division as stated hereinbefore. 3. From the impugned judgm......dge rightly framed charge against the accused under the said section of the Act, 1881, the High Court Division rightly refused to interfere with the same and therefore, no interference is called for with the impugned judgment and order and the leave petition be dismissed. 6. Si......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. ......ain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Mian J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Ahmed Lal Mia............................Petitioner Vs. State and another ………………………..Respondents ..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)
....the issuance of the Rule in a nutshell can be stated thus, that the plaintiff-appellant-petitioner "Satsang Bangladesh", D Pakutia, Ghatail, Tangail represented by Dhrito Broto Adytta, son of late Rashbihari Adytta, filed the original suit being Other Class Suit No.51 of 2007 in the C......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......Civil Revisional Jurisdiction) Present: Soumendra Sarker J Satsang Bangladesh, D. Pakutia.............Plaintiff-Appellant-Petitioner Vs. People’s Republic of Bangladesh and others.......Defendant-Respondent- Opposite Parties Judgment September 26, 2013. ..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
....er and give his decision. The concerned VAT authority must have remembered that he, being a Government functionary, was duty bound to act as per the dictate of law this way or that way and, for no reason and logic, he could just sit over the matter………………&hel......Division.
15. In view of the above, we find no illegality with the High Court Division in making the Rule absolute in the terms as quoted hereinbefore and therefore, no interference is called for with the impugned judgment and order. However, we endorse the observations of the High Co......no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
......Appellate Division
(Civil)
Present:
Md. Muzammel Hossain CJ
Md. Abdul Wahhab Miah J
Syed Mahmud Hossain J
AHM Shamsuddin Chowdhury J
Commissioner of Customs, Excise and VAT………………Petitioner
Vs.
Appollo Steel Mills ..
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....f 1996) Judgment Nazmun Ara Sultana J. - I have gone through the judgments proposed to be delivered by my brothers, Muhammad Imman Ali, J. and Mohammad Anwarul Haque, J. I agree with the reasoning and findings given by Mohammad Anwarul Haque, J. Md. Imman Ali J. - This criminal appeal......c worker in a house, situated at Mirpur, Dhaka. While she was rendering her service there; her step sister accused Aleya, serving at Rajbari as maid servant in the house of accused Mostafizur Rahman, called her back from Dhaka to Rajbari but she did not respond but ultimately accused Aleya, step sis......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...... Siddique J State……………………………………………Appellant Vs. Mostafizur Rahman and another...........Respondents Judgment September 18, 2013 Result: The appeal..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)
....against the Judgment and order dated 8-11-2000 passed by a Division Bench of the High Court Division in Writ Petition Nos. 2295, 2508, 2509, 3559, 3804, 4343, 4222 and 4107 of 2000 making the Rules absolute. 2. These appeals have been heard together and are being disposed of by this common......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......Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Government of Bangladesh...... Appellant (In all the appeals) Vs. Md. Abdul Maleque Miah and 7 another.........Respondent Judgment ..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
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