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ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....d Special 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 impris......ners, namely, Jewel Miah and Selim Parvez ever worked as gardeners at the residence of the appellant and in the facts and circumstances 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 month...... 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......ppeal is dismissed. Cases Referred to- Abdul Bari Mollah Vs. State, 3 BLC 474; Abul Khair Vs. State, 58 DLR 500; Abul Kalam Azad Vs. State, 48 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. ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....
Vs.
Bangladesh Jamaat-e-Islami and others……………………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 ......se (1) of Article 90B as well as complying with the provisions under Article 90C along with a resolution of the highest policy making body of the party, by whatever name it may be called to the effect that the party shall submit ratified constitution within six months from the da......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.
......Court
High Court Division
(Special Original Jurisdiction)
Present:
M Moazzam Husain J
Quazi Reza-ul Hoque J
M Enayetur Rahim J
Maulana Syed Rezaul Haque Chadpuri and others .................Petitioners
Vs.
Bangladesh Jamaat-e-Islami and others…&..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....
Vs.
Bangladesh Jamaat-e-Islami and others……………………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 ......rieved can maintain an action but any person interested may not have locus standi to file a petition. Thus, a person who has purchased a property subsequent to filing of the petition may, at best, be called a 'person interested' but not a 'person aggrieved' inasmuch as no right or ti......
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......Court
High Court Division
(Special Original Jurisdiction)
Present:
M Moazzam Husain J
Quazi Reza-ul Hoque J
M Enayetur Rahim J
Maulana Syed Rezaul Haque Chadpuri and others .......Petitioners
Vs.
Bangladesh Jamaat-e-Islami and others……&he..
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)
...., 1908; Order VII, rule 11, Provisions of waqf ordinance — Section 50 of the Waqf Ordinance has been inserted in the enrolment chapter. Specific Provisions have made regarding the person, property, time and manner in which the enrolment is to be made and in this context section......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 ...... Jurisdiction) Present: Sharif Uddin Chaklader J ARM Shahidul Huq J Syed Raihan Hasan Ali Chowdhury.................Plaintiff-Appellant Vs. Syed Hamde Ali Chowdhury and others...........Defendant-Respondents Judgment July 29, 2013. Result: ..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....ch contractual period ranged from consecutive 89 days to a maximum of six months expressly stipulating the cessation of contract upon the completion of the specified period of employment, the reasonable conclusion to be drawn is that such employment can only be temporary in nature. The Res......status of permanent workers notwithstanding their initial contractual employment variously as temporary workers. 36. All the ad interim Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported i......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......nal Jurisdiction) Present: Syed Refaat Ahmed J Mahmudul Hoque J Robi Axiata Ltd………………...Petitioner Vs. First Labour Court Dhaka and others...................Respondents Judgment July 28, 2013. ..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
.... This petition for leave to appeal is directed against the judgment and order dated 20.01.2011 passed by a Division Bench of the High Court Division in Writ Petition No.2942 of 2010 making the Rule absolute with a direction upon the writ respondent No.2 to implement the decision of the Upozilla Jalm...... term lease under Development Scheme for the “Shukro Bari Damus Dighar Fishery” situated within Upazilla-Shibigonj, District-Chapai Nababgonj. His application was filed before the Ministry, which called for report from the Deputy Commissioner, Chapai Nababgonj who then forwarded the application ......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:
......ad Anwarul Haque J
Hasan Foez Siddique J
Md. Monirul Islam………………………………….Petitioner
Vs.
Bijoy Halder, President Lohalamari Matshajibi Samabaya Samity Ltd. and others......................Respondents
Judgment
July 28, 2013.
Result:
The ..
Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
.... Vs. Hahma Khatun and others……………....Opposite Parties Judgment July 25, 2013 Result: The rule is made absolute. No Scope to avoid Responsibility by the Appellate Court— Appellate Court has......tary evidence on record within three months from the date of receipt of the lower Courts records positively. 14. The order of stay as granted at the time of issuance of the rule is hereby recalled and vacated. Send down the lower courts records along with a copy of this judgment ......the execution and registration of sale deed No. 1683. The suit has been filed on got up story and is liable to be dismissed. 6. Both the parties adduced oral and documentary evidence at the trial. The trial Court on appreciation of evidence on record dismissed the suit finding the same to ......(HCD) (2015) 240 ..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... Vs. The State and another………………..............Opposite parties 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 Manag...... 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: ......ary jurisdiction under Section 561A of the Code of Criminal Procedure cannot decide the factual aspect of the case. The HCD cannot decide the factual aspect of the case, which is to be decided in the trial court…………………………..(16) Cases Referred to- Jagarlamubi Surya ...... (Criminal Appellate Jurisdiction) Present: Borhanuddin J KM Kamrul Kader J Younusuzzaman (Badal).........................Petitioner Vs. The State and another………………..............Opposite parties Judgment July 25, 2013. ..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)
.... High Court Division (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J Chow Wen Chang and others.........................Petitioners Vs. SF Winsome Fashion Ltd. and others……………….Respondents Judgme...... himself. The learned advocate for the petitioner further submits that, since no board decision was ever taken in any board meeting or in any General Meeting and since no meeting was ever called or held to increase the subscribed capital by allotting 9,500 s shares to respondent No. 3 an......erring to Bangladesh Bank Guidelines for Foreign Exchange Transactions, Volume-1, chapter 9, section 1, he further submits that foreign investors are free to make investment in Bangladesh in the industrial enterprises excepting a few reserved sectors. An industrial venture may be set up in coll......s also Reported in: 65 DLR (HCD) (2013) 584. ..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....ellip;………………Respondents (In both cases) Judgment July 24, 2013. Result: The petitions are dismissed. It is true that in the judgment sought to be reviewed, there had been no detailed discussions as to the point raised before the High......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......ses. The respective learned Additional Metropolitan Sessions Judge rejected the application and framed charge against the accused-petitioner under section 138 of the Act, 1881 and fixed the dates for trial. 6. At that stage of the proceedings, the accused-petitioner filed two separate applicati......ossain J AHM Shamsuddin Chowdhury J Sarwar Hossain Moni (Md.)........Petitioners (In both cases) Vs. State and another……………………Respondents (In both case..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....bsp; 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 noti......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. ......order of the High Court Division quashing Sessions Case No.416 of 2007 arising out of CR Case No.218 of 2007 is set-aside. The concerned Joint Sessions Judge, Rajshahi is directed to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. ......bdul Wahhab Miah J Syed Mahmud Hossain J AHM Shamsuddin Chowdhury J Zahidul Islam (Md.)…………........................Appellant Vs. Md. Kamal Hossain and another………........Respondents Judgment &n..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)
....e High Court Division in Criminal Appeal No.303 of 1987 (Dhaka) allowing the appeal in part with modification of the sentence of accused appellant Mati alias Md. Matiar Rahman to suffer rigorous imprisonment for 20 (twenty) years under the first part of section 304 of the Penal Code instead of impri......304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ......An incident took place on 27.11.1985 at about 2.00 p.m. when the accused, appellant herein, along with others is alleged to have caused injury and resulting death of victim Wahir Uddin. In due course trial was held and the appellant and another were found guilty under sections 302/34 of the Penal Co......Ali, Advocate-on-Record-For the Appellant. Shohrowardi, Deputy Attorney General, instructed by B. Hossain Advocate-on-Record-For Respondent. Criminal Appeal No.51 of 2003. (From the judgment and order dated 1st July, 2002 passed by the High Court Division in Criminal Appeal No.303 of 1987) ..Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88
Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)
....er No.6 dated 31.7.2006 the plaintiff, the present petitioner preferred the Civil Revision No.3219 of 2006 under section 115(1) of the Code of Civil Procedure, 1908 where the High Court Division also echoed the view of the trial court and discharged the Rule. 4. Thereafter the plaintiff-pet......in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ......e plaintiff, the present petitioner preferred the Civil Revision No.3219 of 2006 under section 115(1) of the Code of Civil Procedure, 1908 where the High Court Division also echoed the view of the trial court and discharged the Rule. 4. Thereafter the plaintiff-petitioner has filed this pet......Present: Nazmun Ara Sultana J Mohammad Anwarul Haque J Hasan Foez Siddique J Ayurvedia Pharmacy (Dhaka) Ltd…………………......Petitioner Vs. Meher Banu Bibi and others………………………………Respondents Judgment July 7, 2013. Res..Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....ion. If a material witness has been deliberately kept back, then a serious reflection is cast on the validity of the conviction. No evidence that at or about the time of murder, no third person, excepting the appellants and the deceased were present at the place of occurrence. It can be a ...... Dhaka was alleged to have been murdered by the appellants which gives rise to this case. 3. The prosecution case, as appears from the evidence of P. W. 1, is that his son, victim Mukti was called away by his friend acquitted accused Sharif at about 7-30 pm on 20-3-2000 from their house. J......of Taka 10,000, in default, to suffer rigorous imprisonment for one year more. 2. The relevant facts, for disposal of these appeals, are that these three appellants along with others were put on trial in the Fifth Court of Additional Metropolitan Sessions Judge, Dhaka in Sessions Case No. 1215 ......ellip;…………………………..Respondents Judgment June 20, 2013. Result: All the appeals are allowed. Where a grave and heinous crime has been committed but in absence of any satisfactory proof of the guilt, in this ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....discretionary power upon proper application of judicial mind and this exercise should not be arbitrary lest the ends of justice may be defeated. Police have statutory right to arrest any person who appears to them to have been involved in the commission of such offence and investigated the......t insecurity to surrender before the Magistrate because of the resistance of the informant. Under such circumstances, how could it direct the court to grant him regular bail? This direction is uncalled for arid deprecated. High Court Division should not give any sort of direction upon the Court......ould be an act of extravagance. The High Court Division should keep in mind that while considering a petition of the nature in respect of a serious offence, it does not exercise the power of the trial Court. The accused person has come before it by passing the normal procedure. It should not be......nbsp; AHM Shamsuddin Chowdhury J Wadud Mollah (Md.)........................Petitioner Vs. Md. Nayem and Another………………....Respondents Judgment ..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
.... land left for India and in the year 1965 the properties left by them were included in the vested property list in VP Case No. 846/68-69 and 848/68-69 and the property were leased out to different persons. The decree passed in Title Suit No. 351 of 1975 is forged and collusive. Mokshed Ali Howlader ......st. The Tribunal is directed to dispose of the case afresh considering the evidence on record if present before it by the parties. 17. The order of stay granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is......erty lawyer and the vested property lawyer opined that the suit land is not vested property and the same may be released. 5. The defendant No. 4 supported the case of the plaintiffs. 6. The trial court after hearing the parties and considering the evidence on record dismissed the suit by i......nt SM Emdadul Hoque J. — On an application of the petitioner Monowara Begum under section 115 (1) of the Code of Civil Procedure, the Rule was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the impunged judgment and decree dated 24-5-1997, passed by the learne..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....be deemed to be effected at the time at which the document would be delivered in the ordinary course of post if that is done by properly addressing, pre-paying and posting by registered post. Reasons behind this presumption as embodied in law, are not opaque or absent to conceive...... (16) ......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. ......ice was duly served or not upon the accused-respondent at its correct address or upon its authorized agent or upon himself, all these are questions of facts which are to be ascertained at the time of trial by the trial Court by appreciating evidence adduced by the parties not by the High Court ......l Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Chowdhury J Golam Rasul Belal..................................Appellant Vs. Habibullah Shakir and another.............Respondents Judgment June 11, 2013. Result: The appeal i..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
....) of sub-section (2) of section 123 A of the Act, 1881 that when a cheque is crossed "account payee" shall cease to be negotiable means it cannot be negotiated or encashed with any other person except the person in whose favour the same was issued. To make it clearer, a crossed cheque &quo......ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ......owever, if a holder or the payee gets hold of a dishonoured cheque by any illegal means as alleged in the instant case, the drawer of the cheque shall have the liberty to take such defence during the trial...........................(8) Cases Referred to- Arif-uz-Zaman (Md.) Vs. State, 17 B...... Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Sahab Uddin (Md.).........................Petitioner Vs. State and another ........................Respondents Judgment June 11, 2013. Result: ..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....er section 83(1) and 79 of the Income Tax Ordinance, 1984 conducted hearing through its authorized representative Mr. Mahbubur Rahman, ITP before the DCT concern. But the DCT concern upon disallowing some claimed expenditure assessed the income of the Assessee-applicant at a different higher amount....... 1) Whether on the facts and in the circumstances of the case, the learned Tribunal was legally justified in dismissing the appeal without affording an opportunity of the applicant to confront the uncalled for tracing of out of one Mr. Nazmul Islam in place of Nazrul Islam. 2) Whether on the fac......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ...... refusing to allow the admission of appeal before the Commissioner of Taxes (Appeal). 2. It has been stated in the instant Income Tax Reference Application that the Assessee-applicant is a company and a regular income tax assessee under the Companies Circle-07, Taxes Zone-03, Dhaka, and holding T..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
.... a satisfactory conclusion which Expert’s Opinion does not. Thus Expert’s Opinion is not binding upon the Court. The Court itself can compare any signature or LTI of any concerned person under section 73 of the Evidence Act and come to a decision in accordance with law. In this...... matter both the Court s below rightly ignored the expert's opinion. Mr. Moudud Ahmed further points out that at the trial the defendants miserably failed to examine any witness to prove their so-called deed of gift which raised a serious question of doubt as to the genuineness of the deed of gi......ing upon the Court. The Court itself can compare any signature or LTI of any concerned person under section 73 of the Evidence Act and come to a decision in accordance with law. In this case the trial Court as well as the Court of appeal below considered the entire evidence on record and came t......n (Civil Revisionai Jurisdiction) Present: Sheikh Abdul Awal J Bimol Rosario……………......................Petitioner Vs. Barbara Rosario and others ...........Opposite Parties Judgment May 22, 2013. Result: The Rule i..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
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