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A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....l as the Affidavit-in-Opposition and the materials on record. Artha Rin Adalat Ain, 2003 is a special law solely enacted for the purpose of realization of loan from the defaulter-borrowers of Bank or financial institutions. Stringent and harsh provisions have been made in the said Ain so that the Ba......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ...... DLR (HCD) (2014) 207 ......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ......f the petitioner in respect of the running bill and retention money since October, 2011. 10. The issue as to whether holding an administrative file by the administrative authority is an abuse of power and/or misuse of its discretion. 11. The constitution of the People's Republic of Ban......admitted bill of the petitioner cannot be termed or being based on sporadic or casual or random acts of the respondents, or as an unreasonable or illogical or invalid expectation. Cases Referred to- Novva Ads Vs. Department of Municipal Administration, (2008) 8 SCC 42; AKM Kawsar Ahme......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....08, 38,817 and Artha Rin Suit No. 277 of 2010 claiming a sum of Taka 4, 02, 27,750 on the averments made in the plaint that the petitioner No.1company on 28-6-2007 applied to the respondent No. 2 for financial assistance for installing water cooled compressor and other machineries in their estab......the court acted mala fide and intentionally narrowed its jurisdiction causing serious injustice to the petitioners. In this regard we hold that the court remains limited in invoking its inherent power where there are other specific provisions in the statute providing remedy for the petitioners.......t Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications against the ex-parte judgments and decree of the Adalat similar to the provisions contained in section 19(2) of the Ain. While the appeal provisions of section 41 c......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
.... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ......pport of his contention Mr. Guha referred various precedent specially AIR 1965 (Madhya Pradesh) 21, wherein their Lordships after discussing many cases came to a conclusion that the Court is not powerless to give the substantive justice. The facts of the case as narrated in AIR 1965 (Madhya Pra.................Appellants Vs. Rezia Khatun and others... ..........................Opposite Parties Judgment May 5, 2013. Result: The Appeal is dismissed Cases Referred to- Shabitribala Vs. Rohinikanta Mondal 4 DLR 11 and AIR 1965 (Madhya Pradesh) 21. Lawyers...... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
.............. b)........................ c)........................ d)........................ e)........................ f) to regulate and supervise banking companies and financial institutions, (underlining are mine) 12. On a combined reading of the above prov......e said decision our Appellate Division clearly observed— "Section 45(1)(Ga)(Gha) and section 49 (Kha) of the Bank Companies Act clearly invest Bangladesh Bank with a strong regulatory power over the functioning and business of banking companies." 15. In JIT Knit Composite L......s) Vs. Bangladesh Bank and others..................Respondents (In both the petitions) Judgment May 22, 2013. Result: Both the Rules are disposed of. Cases Referred to- Professor Md. Yumus Vs. Bangladesh 63 DLR 260; ASF Rahman Vs. Bangladesh Bank 20 BLD (AD) 3......nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ......les of procedure that apply to the ordinary jurisdiction of the said Court will be attracted and that Court or superior Court is to be deemed to posses, as inherent in its jurisdiction, all such powers as are necessary to the right and undo the wrong in the course of administration of just......lip;………………Appellant Vs. National Board of Revenue and others................Respondents Judgment April 25, 2013. Result: The Customs Appeal is allowed. Cases Referred to- Mohammed Zulfiqar Vs. Abul Kalam, 42 DLR (AD) 8......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ......bsp; Result: The Rule is made absolute. Section 45(1) (Ga) (Gha) and Section 49(Kha) of the Bank Companies Act clearly invest Bangladesh Bank with a strong regulatory power over the functioning and business of banking companies. Under Bank companies Act, 1991 Ba......13. Result: The Rule is made absolute. Section 45(1) (Ga) (Gha) and Section 49(Kha) of the Bank Companies Act clearly invest Bangladesh Bank with a strong regulatory power over the functioning and business of banking companies. Under Bank companies Act, 19......in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ..Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
....tion to entertain the miscellaneous case filed by respondent No.2 under Article 27 of President Order No.7 of 1973. He submits that Artha Rin Adalat only entertain Suit (মামলা) filed by the financial institutions upon payment of ad valorem Court fee. However, in the present case the Artha ......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ............Petitioner Vs. Artha Rin Adalat Khulna and another................Respondents Judgment April 21, 2013 Result: The Rule is made absolute. Cases Referred to- Supreme Court of Bangladesh Vs. Md. Sufi Uddin, 6 BLC (AD) 241; Bangladesh House Building F......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)
....e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ...... High Court Division and connected materials on record. The point of determination in case in hand is whether an Assistant Sessions Judge deemed to be appointed as Additional Sessions Judge has the power to hear appeals, revisions references and reviews if they are made over or transferred to him............................Appellants Vs. Billal Hossain and another ...............Respondents Judgment April 16, 2013. Result: The appeal is allowed. Cases Referred to- Nurul Huda Vs. Baharuddin and others 41 DLR 395; 37 DLR 18; 37 DLR 18. Lawyers Involv......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ..Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8
Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
....ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......tly expressed either in the law or any rules framed there under but in the absence of any such specific authorities mere declaration of a Ferry Ghat into a riverport does not automatically Seases the power to manage and lease out the Ferry Ghat by Zilla Parishad which has all along been doing the sa......Rule is discharged. Lawyers Involved: SM Rezaul Karim with Sheikh Fazle Noor Taposh with Abdur Razzak with Afia Begum, Advocates—For the Petitioners. Abdus Salam Mondol, Deputy Attorney-General with Bahauddin Ahmed Assistant Attorney-General—For the Respondent Nos.1—......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......aws is deprecated. The main thrust is whether if the process of the Court of law constituted under the general law is being abused, a writ of certiorari is maintainable. The High Court Division's power under writ jurisdiction to quash criminal proceeding should he exercised sparingly in rar.............Respondents Judgment April 4, 2013. Result: The Rule is discharged. Cases Referred to- Anti-Corruption Commission Vs. Md Enayetur Rahman, 8 LG (2011) AD 153 = 64 DLR (AD) 14. ......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ......ne of the member named Md. Habibur Rahman which also stands against the mandatory provision laid down in section 32(1) and (2) of the Anti-Corruption Commission Act, 2004 because the very sanctioning power for prosecution has been given by the legislature to the Commission, not any member of the Com...... Anti-Corruption Commission and others……………Respondents Judgment March 14, 2013. Result: The Rules are discharged. Cases Referred to- Anti-Corruption Commission Vs. Sheikh Hasina Wazed, 60 DLR (AD) 172; Anti-Corruption Commis......e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......thority and the denial of that expectation would work to his detriment. The court can interfere only if the decision taken by the authority is found to be arbitrary, unreasonable or in gross abuse of power or in violation of the principles of natural justice and not taken in public interest. (v...... Legitimate expectation may arise either from an express promise given on behalf of a public authority or from the existence of regular practice which the claimant can reasonably expect to continue. Vide Council of Civil Service Union Vs. Minister for the Civil Service 1985 AC 374&hell......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
....egal effect and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. The facts leading to the issuance of Rule, in short, is that the respondent No. being financial institution filed Artha Rin Suit No. 2 of 2007 for recovery of an outstanding dues against......sts.
Let the copy of the judgment and order be sent to all concerned for information and necessary action.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 146
......d of Material Irregularity—
The decree-holder got the plot numbers of the property correct which was sold in execution of the decree after the confirmation of the sale which is enough to bring the matter within the mischief of Order XXI, Rule 90 of the Code for setting-aside auc......sts.
Let the copy of the judgment and order be sent to all concerned for information and necessary action.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 146
..
Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
..... Case No.34 dated 07.08.2002 under sections 409/418 and 109 of the Penal Code and section 5 (2) of the Prevention of Corruption Act (Act No. II of 1947) was started alleging, inter alia, that in the financial year of 1995-1996 a proposal for purchase a Frigate for Bangladesh Navy with necessary spe......ssion. We have gone through these applications under section 561A of the Code of Criminal Procedure and the materials annexed thereto. 18. The First question is as to whether or not the inherent power under section 561A of the Code of Criminal Procedure can be invoked at any stage of the procee......llip;………………………………………..Opposite party Judgment February 14, 2013. Cases Referred to- Abdul Quader Chowdhury Vs. The State, 28 DLR (AD) (1976) 38; Ali Akkas Vs. Enayet Hossain a......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Badsha Mia Vs. State, 2013, 42 CLC (HCD)
....e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ......lip;….Opposite Party Judgment February 20, 2013. Result: The Rule is made absolute. It is abuse of the process of the Court to prevent in exercising the inherent power of this Court conferred under section 561A of the Code of criminal procedure- The al......hellip;……………….Opposite Party Judgment February 20, 2013. Result: The Rule is made absolute. It is abuse of the process of the Court to prevent in exercising the inherent power of this Court conferred under section 561A of the C......e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......on of the transaction within a period of 6(six) months, this time limit for payment was circumscribed by the fulfillment of the obligations by the defendant, who was not given unconditional power to rescind the agreement for nonpayment of the balance consideration within six months. T...... Harunur Rashid and others......................Respondents Judgment February 20, 2013. Result: The appeal is dismissed with modification of the judgment. Cases Referred to- Oxford Vs. Provand, LR 2 PC 135; F Edridge Vs. RD Sethna, 60 IA 368; Jamshed Khodaram Irani......ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
....s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ......s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ............................Petitioner Vs. Bangladesh and others ....................Respondents Judgment January 30, 2013. Result: The rule is discharged. Cases Referred to- AFM Shah Alam Vs. Mojibul Huq, 41 DLR (AD) 68. Lawyers Involved: Zahangir Kabir, ......s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ..Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ...... next submits that in view of section 4 of the Anti-Corruption Act, the Bureau of Anti-Corruption is not authorized by law to issue any notice unless the Government being satisfied delegates its power and authority to the Bureau of Anti-Corruption to issue notice; but in the instant case, the p......;...............Petitioner Vs. State and another..........................Opposite-Parties Judgment January 24, 2013. Result: The Rule is discharged. Cases Referred to- People's Republic of Bangladesh Vs. Shahadat Hossain, 16 BLT (AD) 183, Mustafizur Rahma...... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ......sed to be resolved in the present forum without taking aid of the evidence to be adduced by the parties before the trial Court. The Court cannot claim inherent jurisdiction to exercise powers taken away by legislation. During exercising jurisdiction, the High Court would not embark up......hellip;…………………………Opposite Parties Judgment January 17, 2013. Result: The Rule is discharged. Opportunity to prove the allegation by adducing evidence- There is scope for the accused-petitioner to expl......case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
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