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Bengal Techno Leather Ltd Vs. Islami Bank Bangladesh Ltd, 2012, 41 CLC (HCD)
....rt of their respective contentions. 5. The instant suit has been filed on payment of advelorem Court Fees, with prayer to pass a decree in favour of the plaintiff against the defendant, his claim based on the claim arising out of negotiable instrument. 6. I have considered the decisio......s- Suits on these types of matters have been classified as a different category of suits under the scheme of the Code of Civil Procedure and summary procedure has been laid down in Order XXXVII for expeditious disposal of the suits upon bill of exchange and promissory notes etc. These are spec......defend the suit (by filing written statement, supported by affidavit within 17-1-2013). Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 179 ..Category: Administrative Law | Date: 28 Nov, 2012 | Hits: 5
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....e can be no estoppel against statute. 47. From the above discussions it can be safely construed that by the doctrine of promissory estoppel the appellants would be estopped from denying the claims of the respondent Nos. 1 to 7 in regularizing their service in the newly created 24 post......621 at page 644; State of Rajasthan Vs. Mahaveer Oil Industries (1999) 4 SCC 357 at page 365;Sales Tax Officer Vs. Shree Durga Oil Mills (1998) 1 SCC 572; Council of Civil Service Unions Vs. Minister for the Civil Service (1984) 3 All ER 935; Sethi Auto Service Station Vs. Delhi Development Authorit......sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....case representing himself as an Advocate on behalf of the complainant-appellant and prayed for dismissal of the said objection case on the ground that the complainant-appellant had relinquished their claim over the land and thereby got the said objection case dismissed by practicing fraud. Hence the......error apparent on the face of the record exists. It is not the re-hearing of the main appeal. In a review, a Court is not empowered to change the decision taken in the main judgment. It is only meant for correction of clerical error or mistake on the face of the record………&hellip...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....Ministry of Home Affairs, Government of the Peoples Republic of Bangladesh, Bangladesh Secretariat, Ramna Dhaka and others, unreported, Writ Petition No.7245 of 2008. 39. The petitioner’s claim that the investigation officer failed to bring the investigation to an end and thereby fell fo......is court may seem fit and proper.” 2. Averments figured by the petitioner, in his application invoking Section 561A of the Code of Criminal Procedure, seeking quashment of the aforementioned proceeding are briefly, scripted below; The petitioner is a former Minister for ......ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Mohammad Ullah Ashraf Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....the new Rules is illegal. 6. Mr. Jesmin Sultana Samsad, learned Assistant Attorney General appearing for respondent 1 submits that because of filling an application in 2007 the petitioner cannot claim the license as a matter of right, specially when the Rules have already been repealed and as s......oner Vs. Bangladesh and others…………...Respondents Judgment November 28, 2012. Result: The Rule is discharged. Lawyers Involved: Md. Ozi Ullah, Advocate-for the petitioner. Goutam Kumer Roy, Deputy Attorney General with Ms. Jesmin Sultana Samsad, A......thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......grani Bank, 14 BLD (AD) 196 = 46 DLR (AD) 174; Kalepada Shaha Vs. State, 37 DLR (AD) 135; Delowar AM Khan Vs. Sajadul Haque, 38 DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram. AIR 1965 (SC); Enforcement Vs. Dipok Mahajon, 3 (SCC) 440 and State Vs. Ram Saran, 12 SCC 578. Lawyers Involved:...... offence under section 2/4(2) of the Money Laundering Protirodh Ain, 2009. 35. In the first information report it has been alleged, inter alia, that accused Giasuddin-al-Mamun demanded money from one Begum Khadija Islam, Chairman of Nirman Construction, with assurance that an work ord..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Jamila Khatun Vs. State, 2012, 41 CLC (AD)
....m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ...... The leave petition is dismissed. Lawyers Involved: Mvi Md. Wahidullah, Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. Criminal Petition for Leave to Appeal No. 88 of 2010. (From the judgment and order dated the 11th day of October...... is aged about 3 years. The husband of the sister of the informant works in Dubai and she lives in her husband's house. Selim, elder brother of the husband of the informant's sister used to demand money from her on different occasions to which she did not concede for which he felt aggrieved. On ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
.... numbered as Sessions Case No.219 of 2003 for trial. Charge was framed under section 302 of the Penal Code against the condemned prisoner and read over to him to which he pleaded not guilty and claimed to be tried. During trial the prosecution examined as many as thirteen P.Ws. who were cross-......ent and order dated 30thOctober, 2007 passed by the High Court Division in Death Reference No.74 of 2004 with Jail Appeal No.521 of 2004) Judgment Muhammad Imman Ali J.-This jail petition for leave to appeal at the instance of the condemned petitioner Rahmat Ali alias Shukkur is directed......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......chool made a complaint to respondent No.1 in respect to some irregularities against the petitioners. Upon receipt of the said complaint, on 19-11-2009, a Deputy Secretary on behalf of respondent No.1 forwarded the same to the Director General of Compulsory Primary Education implementation Experiment......at the petitioners are irregular to conduct their scheduled classes of students and they present in the school by rotation. The petitioner No.1 is the Headmaster of the School who has withdrawn extra money by making fake CEN certificate. 9. It is apparent from Annexure A3 that on 2-3-2010 an in..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
....arding question No.15, it was stated that the omission of the words "sun light and water" in the main stem of the English version were true. Regarding question No.54, it was stated that the claim of the petitioners was partly correct as in the Bangla version of the question paper, the word......y B Hossain, Advocate-on-Record—For the Petitioners. Muzammel Haq, Senior Advocate instructed by Md. Habibur Rahman Miah, Advocate-on-Record— For the Respondents. Civil Petition for Leave to Appeal No.1953 of 2012. (From the judgment and order dated the 5th day of June, 20...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......l Tenancy Act if a co-sharer tenant owns a portion of land in any plot, he is to be treated as co-sharer in the entire plot even if the land of that plot is recorded in more than one khatian. Therefore, in the event of transfer of a portion of land of that plot appertaining to another Khatian a ......The pre-emptors were asked to purchase the case property and they offered only Tk. 5,000/- for which their offer was turned down. The pre-emptees developed the case land by spending huge amount of money. Hence, they prayed for dismissal of the pre-emption case. 4. The trial Court by his jud..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ....................Petitioner Vs. Bangladesh and others... .............Respondents Judgment November 20, 2012. Result: The Rule is discharged. Restoration to section 19 for setting-aside the ex-parte decree After passing of the impugned order, the petitioner for t......he respondent No.3 Islami Bank Bangladesh Limited Benapole Branch, Jessore on 25-1-2007 instituted a suit before the Joint District Judge and Artha Rin Adalat, 1st Court, Jessore for recovery of loan money amounting to Taka 27, 64,841 by selling mortgage properties against the M/s Joint Internationa..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....g the 'Deductive Value Method' as per Rule 7 of valuation Rule 2000 at US$ 15.70/kg. US$ 10.54/pc, US$15.16/pc and US$7.49/pc respectively and on the basis of that calculation the respondents claimed Taka 9, 74, 13,992.99 by way of customs duty and other charges instead of the genuine claim ......General with Pratikar Chakma, Assistant Attorney-General—For the Respondents Writ Petition No.59 of 2012. Judgment Md. Ashfaqul Islam J. - Let the supplementary-affidavit be formed part of the main application. 2. At the instance of the petitioner, Mohammad Amirul Isla......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77. ..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....0 (Ordinance 24 of 1970) When a suit is pending between the parties, wherein an order of temporary injunction restraining the Government and its allottee is still in force and the petitioner’s claim of title is backed by a registered deed of conveyance, her possession cannot be termed unautho......of Possession) Ordinance, 1970 (Ordinance 24 of 1970) When a suit is pending between the parties, wherein an order of temporary injunction restraining the Government and its allottee is still in force and the petitioner’s claim of title is backed by a registered deed of conveyance, her posses...... in 1963. Petitioner’s husband Sheikh Ali Ahmed agreed to purchase the land for total consideration of Taka 59,000/-, out of which the said Hemlata and others received Taka 45,000/- only as earnest money and delivered possession of a part of the land by executing an agreement on 2.4.1963 in favour..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....ne P.Ws.1-6, 8, 9 and 10 as they were not acquainted with the facts of the case. Therefore, their disclosure implicating the respondent after long delay creates doubt about the genuineness of their claim. This examination without delay is a condition which serves as a safeguard against fabricatio...... charge against the accused beyond shadow of doubt. In respect of a spouse killing case, where the victim was in the company of the husband or the wife, the spouse is under an obligation to account for the cause of death and a special onus lies upon him/her to prove the cause of death and in the ......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
....e P.Ws.1-6, 8, 9 and 10 as they were not acquainted with the facts of the case. Therefore, their disclosure implicating the respondent after long delay creates doubt about the genuineness of their claim. This examination without delay is a condition which serves as a safeguard against fabricatio...... be taken to be true as against himself. A confession duly made and satisfactorily proved is, in general, sufficient to warrant a conviction without corroboration.……………………(5) Before discarding any confession, the trial court needs to consider the ground that the confession wa...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....ect that he was the actual owner and was in possession of the suit plot and he entered into a contract with Eastern Housing Limited for constructing a commercial building thereon, and if any one claimed the suit plot by creating any forged papers using his name, he would not be responsible by s......Advocate-on-Record—For the Respondents (In Civil Petition Nos.2199 & 1671-72 of 2011) None represented—For the Respondents (In Civil Petition No.2198 of 2011) Civil Petition for Leave to Appeal No.2199 of 2011. With Civil Petition Nos.1671-1672 and 2198 of 2011.......plaintiffs as the heirs of Engineer Shamsul Kabir Humayun Reza of Bara Moghbazar filed Succession Case No.439 of 2004 in the Court of Joint District Judge, Third Court, Dhaka in order to withdraw the money left behind by their father and they proved that they were the actual heirs of Engineer Shamsu..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ............Opposite Party Judgment November 11, 2012. Result: The Rule is discharged. Negotiable Instruments Act, 1881 [XXVI of 1881]; Section 138 The cheque was dishonored for insufficient fund; and legal notice was issued and served on 7-9-2009 and within next 30 days fr...... for a direction on the complainant to receive the amount and discharge of the accused is not acceptable It is not the function of the trial Court to give direction on the complainant to receive money after expiry of the statutory period. Having been dishonored the cheque and servicing of legal..Category: Others | Date: 11 Nov, 2012 | Hits: 8
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....herein it was laid down in paragraph No.13: — "Cardinal principle of the criminal jurisprudence is that the person concerned should submit to the process of justice before he can claim the right of audience provided in law as well as the judicial convention, which is very much e......p;……...Opposite Party Judgment November 8, 2012. Result: The Rule is discharged. Under latest Propositions of Law, an Accused cannot remain on Anticipatory Bail for an Unlimited Period- It is now well settled that after submission of the police report, the......y the authority concerned and, as such, the petitioner is a bona fide purchaser for value and this being the state of affairs, the impugned proceedings should be quashed. He then submits that the bid money to the tune of Tk. 2, 69,17 lakh quoted by the petitioner was higher than the minimum price fi..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ......s made absolute. Upon the satisfaction of the Court a private sale of the mortgaged property to satisfy the decreetal amount can be allowed to the Judgment debtor by the Court. A reasonable time for so doing only to be given. In the instant case, the ends of justice would be best served if......h on 20-5-2007 as plaintiff filed a suit before the Joint district Judge and Artha Rin Adalat, Bhola (hereinafter referred to as Adalat) against the petitioner and others for realization of loan money of Tk. 4,52,49,912 by selling mortgaged properties. The case was contested by the defendant No..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
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