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SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....ecuted a "bainanama". He issued a public notice through his lawyer in a daily newspaper on 14-11-1998 about the story of said "bainanama". Some people, responding the notice, claimed that they are the owners of the said land and the respondent and his wife Shamsun Nahar have......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......drawer Since the cheques were returned by bank with the endorsement "payment stopped by the drawer" it is to be presumed that those were returned unpaid because the amount of money standing to the credit of that account was insufficient to honour of the cheque as envisa..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
....e of 6½ bighas land including his homestead as security against loan, the price of the mortgaged properties would be Taka 10/12 lakh at that time. Now it would be not less than Taka 39 lakh as claimed by the petitioner upon filing supplementary affidavit.
3. The mortgagee bank termi......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......o.2 who advised him to deposit Taka 40,000 to save his properties. Accordingly the petitioner on 26-11-2008 deposited Taka 40,000 to the respondent bank vide receipt No. 185332. After deposit of said money the Respondent No.2 told the petitioner to make payment of the rest amount within 10 days..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....e private sector by the state is tolerated and licensed in the most obvious sectors of education a health. 9. Indeed, under our Constitutional scheme an aggrieved person, in order to agitate his claim and case in judicial review can do so by invoking Articles 102 (1) and/or (2) depending on the......o play in relation to the infringement of any fundamental right guaranteed under Part III of the Constitution. Article 102(2) presupposes the availability of the various writs that may be appealed to for reviewing actions and operations in the public domain. When issues of fundamental rights ar......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....cused-petitioner before this Division again tried to assail the order dated 26-2-2012 by submitting that the accused already filed a money suit against the complainant being Money Suit No. 13 of 2012 claiming a sum of Taka 33,97,000 in connection with the dishonoured cheque and also for declara......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......i. Md. Wahidullah, learned Advocate-on-Record, appearing for the accused-petitioner before this Division again tried to assail the order dated 26-2-2012 by submitting that the accused already filed a money suit against the complainant being Money Suit No. 13 of 2012 claiming a sum of Taka 33,97,000 ..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ...... 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...... the victim suggests that it was the family's plan that Shefali should marry Mostafiz and that in spite of the fact that Mostafiz raped her, the family forced her to stay with him as he paid them money. She stated in her evidence that because she refused to marry Mostafiz, he and Aleya used to b..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....Abul Kalam Azad Vs. State, 48 DLR 294; Moslem All Mollah alias Moslem Mollah Vs. State, 48 DLR 427 and Mansur Ali Vs. State, 39 DLR 184. 11. Mr. Fida M Kamal next submits that it is the definite claim of the prosecution that the appellant misappropriated the monthly salaries of two gardeners, n......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......ation was that he misappropriated the monthly salaries of the two alleged gardeners of the Embassy, namely, Jewel Miah and Selim Parvez to the tune of 34,150 Dirhams. Besides, he also misappropriated money on different heads by making payment of gas bill of his residence and some household articles ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....s Constitution, nor accept the premise upon which this Republic was born, and even today pose a threat and openly challenges the sovereign Constitution of the Peoples Republic of Bangladesh, which proclaims that sovereignty belong to the people under the Article 7 of the Constitution. Arti......…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......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
....ition made the following observation:
“The fact that the applicant is not a resident of South Berubai or the adjacent enclaves involved in the Delhi Treaty need not stand in the way of his claim to be heard in this case. We heard him in view of the constitutional issue of grave importance......…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......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
..
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)
....ssain Vs. Government of the People's Republic of Bangladesh, reported in 54 DLR 467, submits that prayer 'ka' may be misconceived but suit is maintainable in respect of other reliefs claimed. 7. Mr. Nur Hussain, learned Advocate with Mr. Mir Joynul Abedin, learned Advocate, app...... 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. ..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....cted in the present facts and circumstances and that section 33 having made available the proper forum and procedure for grievances to be addressed, all the Respondents are barred from bringing their claims under an alternative forum by invoking any other provisions of the Act. It is conceded, ...... 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 ..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
....d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease.
Ed.
This Case is also Reported in:
...... Advocate-on-Record- For the Petitioner.
Dr. Md. Ali, Advocate, instructed by Ziaur Rahman, Advocate-on-Record- For Respondent No.1.
Not represented- For Respondent Nos.2-6.
Civil Petition for Leave to Appeal No.355 of 2012
(From the judgment and order dated 20th January, 2011 passed......d a report in respect of his application and forwarded the same to the writ respondent No.1 for giving a decision. He further contended that the writ respondent No.6 quoted the highest proposed lease money and for that reason recommendation was made to grant lease in it’s favour.
6. After hea..
Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....pers. Taking advantage of such reliance and confidence, defendant No.1 created some documents with the signature of plaintiff No.1. The plaintiffs were taken by surprise when the defendants claimed to have purchased the suit property from the plaintiffs in 1996. At the instance of the......he Appellate Court— Appellate Court has purposely and intentionally avoided and shifted his responsibility upon the Trial Court which the appellate Court was very much competent to perform. In avoiding such responsibility on the part of the appellate Court was not proper. All the mat......urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ...... Judgment July 25, 2013. Result: The Rule is discharged. A company being a juristic person, all its deeds and functions are the result of the acts of Managing Director. Therefore, a Managing Director of the company is responsible for the acts done in the name of the company......ng to the terms and conditions of the agreement the complainant paid an amount of Tk. 20, 00,000/- (twenty lac) only to the accused petitioner on the date of signing of the said agreement as security money, if the company of the accused-petitioner fails to supply yarn to the complainant as per terms..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ...... and was done to secure unlawful gain to petitioner No. 1. Fraud vitiates everything. Besides, in such a case, the corporate veil is to be lifted to find out the real culprits and to undo the misdeed for ends of justice, in order to obviate harassment by dragging the company to multiplicity of proce......der made with reference to Article VIII of IMF Article of Agreement dated 24-3-1994, it is clear and an admitted position as well that the petitioner Nos. 1 and 2 are investors and they have invested money from their own fund. In such case, section 23 of FERA does not stand as a bar and should not b..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
....respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
......that the petitioner as plaintiff filed Artha Rin Suit No. 83 of 2004 in the Court of Judge, Artha Rin Adalat, Jessore (hereinafter referred to as Adalat) against the respondent Nos. 2-10 praying for a decree for recovery of outstanding loan of Taka 64.28 lakh. The suit was decreed ex parte on 2......auction. A number of bids were submitted and highest bid was submitted by one Syed Masudur Rahman and Mosha: Rahima Begum at Taka 36,45,500 which was accepted by the petitioner bank and bid money was deposited by the auctioneers.
4. The respondent No.2-4 as petitioners file..
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ......nbsp; July 23, 2013. Result: The Appeal is allowed. There is no absolute bar in filing a petition of complaint before expiry of thirty days of the receipt of the notice issued under clause (b) of the proviso to se...... by a legal notice dated 22-4-2007 demanded from the respondent the payment of the amount of the said dishonoured cheque and though the respondent received the notice on 24-4-2007, he did not pay the money to the complainant within thirty days from the date of receipt of the notice for which th..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....f Sattar along with the convicts. 5. At the trial, the prosecution examined 20 witnesses. Out of them P. W.1 informant Md. Burhan Uddin, father of victim and P. W. 2 Manik, brother of the victim claimed that they saw accused appellants Zahirul Islam @ Dipu, Md. Zhamshedul Imam @ Liton @ Newton,......roof of the guilt, in this constriction, question of benefit of doubt favors the accused It is undoubtedly the duty of the prosecution in a case involving capital sentence to place before the court all available witnesses irrespective of their evidence being favourable or unfav......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
..... Therefore, there is nothing to reject on an application under Order vii Rule II of the said code as the same is not plaint rather, it is a miscellaneous proceeding arising out of a pre-emption claim under Section 96 of the said Act, and as such, the Court below has committed error of law in r......o. 129 of 2008 (pre-emption) by the Joint District Judge, Court No.1, Rajshahi allowing the application filed by the opposite party Nos.1 and 2 under Order VII, rule 11 of the Code of Civil Procedure for rejection of the Miscellaneous Case, should not be set-aside. 2. The material facts relevan......d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
.... Result: This petition is disposed of with observations. Discretionary power of the High Court Neither the accused has any right to claim bail nor the Court has uncontrolled power to enlarge him on bail when it is non-bailable offen......al justice. The High Court Division cannot dictate its subordinate courts regulating the purported orders to be passed by it after the appearance of accused. The learned Judges have left nothing for the Tribunal of the Magistrate to decide on the question of bail. The learned Judges have practi......h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......bject of issuing notice indicating the factum of dishonor of the cheque is to give an opportunity to the drawer to make the payment within the stipulated period, so that it will not be necessary for the payee to proceed against the drawer, in any criminal action, even though the bank dis&s......the instant complaint case under section 138 of the Negotiable Instrument Act, 1881 on 9-9-2004 and at the relevant time provision was to make a demand for the payment of the said amount of money by giving a notice in writing and in the petition of complaint, the complainant having st..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
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