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Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)
....ructed by Md. Nurul Islam Bhuiya, Advocate-on-Record—For Respondent Nos.1-8. None Represented—Respondent Nos.9-22. Civil Appeal No.153 of 2008. (From the judgment and order dated 20-8-2006 passed by the High Court Division in Civil Revision No.1104 of 1993). Judgment ......ther relief would be recovery of possession and the suit for declaration of title without prayer for recovery of possession is hit by the proviso to section 42 of the Specific Relief Act. 19. We notice with approval similar view taken in the cases of Abdul Hamid Mollah Vs. Abdul Eye 49 DLR 428,...... 2. The facts, leading to this appeal, in brief, are as follows: The appellants herein as the plaintiffs instituted Title Suit No.65 of 1989 in the Court of Assistant Judge, Dhamrai, Dhaka for declaration of title in respect of "Kha" schedule land of the plaint. The case of the ..Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5
Durnity Daman Commission Vs. Jesmin Islam and another, 2014, 43 CLC (AD)
.... respondent Jesmin Islam, wife of Tanvir Ahmed, 205/4, Begum Rokeya Sharani, West Kafrul, Taltola, Sher-e-Bangla Nagar, Dhaka enlarging her on anticipatory bail for a period of 1 (one) month from the date of order dated 19th January, 2014. 2. The case in question was instituted with the Ramna P......patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1. ...... Sufia Khatun, Advocate-on-Record—For the Petitioner. Raflque-ul-Huq, Senior Advocate, instructed by Mvi Md. Wahidullah, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 27 of 2014. Order Md. Muzammel Hossain CJ.- This petition at the i..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Durnity Daman Commission Vs. Durnity Daman Commission, 2014, 43 CLC (AD)
.... respondent Jesmin Islam, wife of Tanvir Ahmed, 205/4, Begum Rokeya Sharani, West Kafrul, Taltola, Sher-e-Bangla Nagar, Dhaka enlarging her on anticipatory bail for a period of 1 (one) month from the date of order dated 19th January, 2014. 2. The case in question was instituted with the Ramna P......used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ...... Siifla Khatun, Advocate-on-Record—For the Petitioner. Raflque-ul-Huq, Senior Advocate, instructed by Mvi Md.Wahidullah, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 27 of 2014. Order Md. Muzammel Hossain CJ.- This petition at the i..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
...., Senior Advocate (with Mr. Golam Arshad, Advocate), instructed by Mr. Ferozur Rahman, Advocate-on-Record—For the Respondent. Civil Appeal No. 206 of 2007 (From the judgment and order dated 3-4-2004 passed by the Appellate Division in Civil Petition for Leave Appeal No. 1075 of 2003....... in maintaining the judgment of the High Court Division which has affirmed the decree for compensation at the rate of Taka 5,000 per day from the date of termination of the tenancy by legal notice under section 106 of the Transfer of Property Act while passing a decree for ejectment a......p; February 3, 2014. Result: The appeal is disposed of with expunction. The compensation can only be paid for such expense, or injury which the claimant suffered by reason of arrest or attachment or injunct..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....hman, Advocate-on-Record—For Respondent No.1. None Represented—For Respondent Nos. 2 and 3. Civil Petition for Leave to Appeal No. 376 of 2011. (From the judgment and order dated the 19th day of January, 2011 passed by the High Court Division Writ Petition No. 363 of 2009)......rounds that since the Bank proceeded against the appellant Company's properties being treated as abandoned by the Government, the Directors of the appellant Company were not properly, served with notice and that had, therefore, no knowledge of the aforesaid title suit. As a result they did ......cate with Fida M. Kamal, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent No.1. None Represented—For Respondent Nos. 2 and 3. Civil Petition for Leave to Appeal No. 376 of 2011. (From the judgment and order dated the 19th day of January..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
....t Nos. 6-8. (In Civil Appeal No. 45 of 2012)
None represented—Respondent Nos. 2-11. (In Civil Appeal No. 46 of 2012)
Civil Appeal Nos. 45-48 of 2012
(From the judgment and order dated 6th July, 2010, 27th September, 2010 and 8th October, 2009 passed by the High Court Division i...... respondent Md Rafiqul Alain was writ petitioner No. 5 in Writ Petition No. 7682 of 2007. The said Md Rafiqul Alain and 5 others filed the aforesaid writ petition challenging the above mentioned notices and the orders of termination. Similarly, Rule was also made absolute by the High Court Divi...... 46 of 2012 is allowed
Civil Appeal No. 47 of 2012 is dismissed
Civil Appeal No. 48 of 2012 is allowed
Constitution of Bangladesh, 1972; Article 102(2)
Whether employees who opted for voluntary retirement pursuant to or in response of a special scheme floated by the Bangladesh Ag..
Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9
Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)
....oyeenul Islam Chowdhury J.- On an application under section 115 of the Code of Civil Procedure, 1908, a Rule was issued calling upon the opposite-party to show cause as to why the judgment and decree dated 20-3-2011 passed by the Joint District Judge and Judge of the Artha Rin Adalat, Narayanganj in......the Small Cause Courts Act relying on the decisions in the cases of Majid Biswas Vs. Adiluddin Shaikh, 12 DLR 380 and Fazlur Rahim Vs. Shamsul Huda, 29 DLR 380; but curiously enough, he did not notice the provision of subsection (2) of section 15 of the Small Cause Courts Act while dispos......urt Act (IX of 1887); Section 15(2) (3) Jurisdiction of Small Causes Court— Subject to the exceptions specified in the second schedule and to the provisions of any enactment for the time being in force, all suits of a civil nature of which the value does not exceed twenty-f..Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4
...., 2013, by which power given under sections 17(j), 20(1), (2) and 24 of the Anticorruption Commission Act, 2004 to the Commission has curtailed. By referring the news item published in the Daily Star dated 22-11-2013, Mr. Murshid submits that the outburst of acting Chairman of Anti-Corruption Commis......ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
...... 67 DLR (HCD) (2015) 191
..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
....dvocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1. None represented—Respondent Nos.2-7. Civil Appeal No.21 of 2003. (From the judgment and decree dated 23-7-2001 passed by the High Court Division in Civil Revision No.4621 of 1998). Judgment ......he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ......tive of a sale and a long period of a mortgage; (iii) possession of the property, the continuance of the grantor in possession indicating a mortgage; (iv) existence or otherwise of a stipulation for interest on repayment indicating a mortgage; (v) adequacy or inadequacy of the consideration, an..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
....Wahidullah, Advocate-on-Record—For Respondent No.1
None Represented—For Respondent No.2.
Criminal Petition for Leave to Appeal No. 537 of 2011.
(From the judgment and order dated 16-6-2011 passed by the High Court Division in Criminal Appeal No. 6743 of 2007.)
Judgmen...... 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 any person has acquired or am......n Mahmood Tuku and another...........Respondents
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..
Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 9
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
....involving common questions of facts and law have been heard together and are being disposed of by one judgment. 2. The Rule in Criminal Revision No.823 of 2012 was issued challenging order No.22 dated 29.04.2012of the Special Sessions Court No.1, Dhaka passed in Special Session Case No.08 of 20......t through his bank H.S.B.C. Bank Ltd. but both the cheques were dishonoured on15.07.2008 with remark “insufficient fund”. Thereafter, the complainant-petitioner served two statutory legal notices both dated 14.08.2008upon the opposite party 2 informing him about the dishonour of the two ......de absolute. Cases Referred to- Mohammad Ali Vs. State and another, 64 DLR426, Arif-uz-Zaman (Md.) Vs. State, 17 BLC (AD) 167 Lawyers Involved: Md. Abdul Quadir Talukder, Advocate-for the petitioner. ASM Fazle Rabbi Khan, Assistant Attorney General-for opposite party 1. ..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)
....ppeal is dismissed. A pre-emptor must not only have a subsisting interest in the holding when he files an application for pre-emption but must continue to hold the self-same interest to the date when the case is finally disposed of. Vide Chandra Kumar Maladas Vs. Abdul Motaleb, 19 DLR (SC)......se interest subsists throughout the course of the application to preempt and not a person who held such an interest in the beginning, but lost it before its disposal. The above decision was noticed with approval in the case of Md. Mofizuddin Vs. Abdul Hakim, 33 DLR (AD) 305. The findi......p;….Petitioner Vs. Md. Nazrul Islam and others………………….Respondents Judgment January 20, 2014. Result: The petition for leave to appeal is dismissed. A pre-emptor must not only have a subsisting interest in..Category: Property Law | Date: 20 Jan, 2014 | Hits: 44
State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)
....y Mvi Md Wahidullah, Advocate-on-Record—For the Appellant. Md. Nawab Ali, Advocate-on-Record—For the Respondent. Criminal Appeal No. 53 of 2003 (From the judgment and order dated 24th of March , 2003 passed by the High Court Division in Criminal Revision No. 227 of 2003) ...... 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 ......ion 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 from the Court of law must come before the Court t..Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1
Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)
....ash;For the Respondent. Civil Appeal No.279 of 2002 (From the judgment and Border dated 25th of March, 2001 passed by the High Court Division in Reference Application No.43 of 1997) ......aw arising out of such order: Provided further that the Board may, on an application made in this behalf modify or waive, in any case, the requirement of such payment. (4) On receipt of the notice on the date of hearing of the application, the respondent shall, at least seven days before t......2001 passed by a Division Bench of the High Court Division in Reference Application No.43 of 1997 rejecting the reference. 2. The facts of the case, in brief, are that the appellant filed return for the assessment year 1991-92 showing gross profit at the rate of 11.77%. Notice was served upon h..Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....ocates—For the Respondent First Appeal No. 62 of 2012 Judgment Sharif Uddin Chaklader J.—This appeal, at the instance of the defendant, directed against judgment and decree dated 25-9-2011 passed by the learned Joint District Judge, 1st Court, Dhaka decreeing Title Suit No...... business of the defendant and Western Union. Defendant suddenly on 31-5-2007 sent a letter purporting to terminate the aforesaid agreement dated 20-10-2003 with effect from dated 1-7-2007 of 30 days notice and stopped releasing of the commission since June, 2007, hence the suit. 5. Defendant c......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 ..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....torney-General, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondent. (In both the cases) Criminal Review Petition Nos.17-18 of 2013. (From the judgment and order dated 17-9-2013 passed by the Appellate Division in Criminal Appeal Nos.24-25 of 2013) Judgment......all be strictly limited to the subject matter of the examination-in-chief of a witness. 41. Now the question is in view of sub-section (2) of section 19, the Tribunal can take judicial notice of any statements recorded by an investigation officer which are inconsistent with the statem......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..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
....-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 of 1999) ...... 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..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
Sheikh Md. Rafiqul Islam (Babul) Vs. Manager, Uttara Bank Limited and others, 2013, 42 CLC (HCD)
....kh Md. Rafiqul Islam (Babul), Managing Director of M/s Sigma Garments Industries Ltd., this Rule Nisi was issued calling upon the respondent Nos. 1-3 to show cause as to why the order No. 187/Pro: B: dated 18-11-2007 passed by the respondent No.2, District Judge Chittagong so far as it relates to co......ng by the respondent No. 3, Additional District Judge Mr Sharif Uddin Ahmed, should not be declared to have been passed without lawful authority, illegal and is of no legal effect and why the auction notice dated 5-4-2008 published in the Daily Azadi for auction sale on 23-4-2008 in Artha Jari Case ......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..Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6
Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....shed in gazette on 28.06.2007 at page 6770 at item No.68(Annexure-A) to be declared to the ultra vires the Constitution of the People’s Republic of Bangladesh and also to declare the notification dated 13th Ashar 1414 B.S. corresponding to 27.06.2007 issued by the respondent No.4 as published ......ical College” imposing VAT at the rate of Tk.4.5%(Annexure-B) and Nathi No.4/Musak(25) Ma.Ka: 07/3416 dated 15.07.2007 issued by respondent No.6 to the respondent No.7(Annexure-C) and an impugned notice issued by the respondent No.7 vide Memo. No. Jaimek/07/530(1) dated 16.07.2007(Annexure-D) ......% upon the said College against item No.S070 (Annexure-B). 6. Pursuant thereto the respondent No.6 issued notice on 15.07.2007 upon the respondent No.7 vide Nothi No.4/MUSAK(25)Ma:Ka:/07/3416 for registration under the VAT Act and for realization of VAT @ 4.5% giving effect from 01.07.2007(..Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24
....0-2011 stating inter alia that as per article 23 of the constitution of the trade union in question, on a schedule declared by a three members election subcommittee constituted in its general meeting dated 27-7-2010, eight members executive committee for two years was declared unopposed on 27-8......aining the second party-petitioners from holding such election to be held on 15-10-2011.
4. By order dated 11-10-2011 the Chairman of the First Labour Court of Dhaka issued seven days show cause notice upon the second party-petitioners and in the meantime made an interim order directing to main......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..
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
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